IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120001906 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an upgrade of his general discharge to an honorable discharge and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Purple Heart.

2.  The applicant states:

* he received the Purple Heart around 2 January 2011 after enduring an improvised explosive device blast and suffering from traumatic brain injury
* he injured his neck, shoulder, back, hip, knees, and ankles
* he suffered post traumatic stress disorder, "ED," and hearing loss
* his discharge should be upgraded so he can receive educational benefits

3.  The applicant provides:

* Permanent Orders 17-017, dated 17 January 2011
* DA Form 4187 (Personnel Action), dated 13 January 2011
* DA Form 4187-R (Personnel Action Form Addendum), dated 17 January 2011
* Purple Heart Certificate

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 5 November 2008.  He 

completed training as an infantryman.  He arrived in Afghanistan on 6 February 2010.

2.  On 17 January 2011, Permanent Orders 17-017 were published awarding the applicant the Purple Heart for wounds received in action on 3 January 2011.

3.  The applicant returned to the United States on 7 February 2011.

4.  The applicant was counseled on at least eight separate occasions between 20 April 2011 and 26 September 2011 for the following:

* debt avoidance
* failed urinalysis (tested positive for D-Amphetamine/D-Methamphetamine)
* failure to report to duty
* communicating a threat to multiple persons by discharging his firearm in a public place
* breaking restriction
* patterns of misconduct

5.  The applicant accepted nonjudicial punishment (NJP) on 2 June 2011, for failure to go to his appointed place of duty.  He accepted NJP on 26 September 2011 for being absent without leave (AWOL) from 23 August until 24 August 2011 and for using D-Amphetamine/D-Methamphetamine between 7 May and 17 May 2011.

6.  On 6 October 2011, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct – commission of a serious offense.  He acknowledged receipt of the notification on 12 October 2011.  After consulting with counsel, he elected to have his case considered before a board of officers.

7.  A board of officers convened on 5 December 2011 to determine if the applicant should be recommended for discharge for misconduct.  The board found that a preponderance of evidence supported that the applicant:

* failed to go to his appointed place of duty on 27 April, 6 May, and 21 July 2011
* was AWOL from 13 to 18 May 2011, 11 to 15 June 2011, 23 to 24 August 2011, and 23 to 26 September 2011
* used D-Amphetamine/D-Methamphetamine between 7 and 17 May 2011


8.  The board recommended that the applicant be discharged from the Army for misconduct and issued a general discharge.

9.  The appropriate authority approved the recommendation and directed the issuance of a general discharge.

10.  On 11 January 2012, the applicant was discharged accordingly.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* Afghanistan Campaign Medal w/Campaign Star
* Army Commendation Medal
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* NATO Medal
* Combat Infantryman Badge

11.  His DD Form 214 does not show he was awarded the Purple Heart.

12.  On 9 May 2012, the Army Discharge Review Board denied the applicant's request for an upgrade of his discharge.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  

   a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions (a pattern of misconduct consisting solely of minor military disciplinary infractions), a pattern of misconduct (consisting of discreditable involvement with civil or military authorities or conduct prejudicial to good order and discipline), commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  

	b.  Paragraph 3-7a that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service 

generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Permanent Orders 17-017 awarded the applicant the Purple Heart for wounds received in action on 3 January 2011.  His DD Form 214 should be amended to show this award.

3.  The applicant's records show he was counseled on at least eight separate occasions for his acts of misconduct and he had NJP imposed against him twice. A board of officers convened and determined that he should be discharged for misconduct.

4.  The appropriate authority approved the board's recommendation for discharge and he was discharged accordingly.  Considering his numerous acts of misconduct, it does not appear that his general discharge is too severe.

5.  The applicant's desire to receive education benefits is an insufficient basis for upgrading his discharge.

6.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 on his DD Form 214, dated 11 January 2010, to show he was awarded the Purple Heart.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to upgrading his general discharge to an honorable discharge.




      _______ _   _X______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20120001906





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ABCMR Record of Proceedings (cont)                                         AR20120001906



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