Applicant Name:   

Application Receipt Date: 2012/01/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was diagnosed with PTSD and was self-medicating.  He was a good Soldier who had good service and served in combat twice.  His vehicle was hit by an IED and he lost a friend.  Upon his return to the States he began to have family problems and nightmares and started to drink.  He provides an extensive self-authored statement describing what happened, his service, and what caused his discharge from the Army and his divorce.  He has had difficulties obtaining employment and would like to get an upgrade of his discharge to honorable in order to receive all of his VA benefits.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 100128
Discharge Received: 			   Date: 100211   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court Martial	   RE:     SPD: KFS   Unit/Location: A Co, 64th Bde Spt Bn, Fort Carson, CO 

Time Lost: 62 days total.  Civilian confinement for 58 days (090730-090925); AWOL for 4 days (100122-100125), returned to unit.

Article 15s (Charges/Dates/Punishment): The record does not contain an Article 15; however, the applicant was a sergeant and at the time of his out-processing he had been demoted to E-2.  The UCMJ action that caused his demotion is not in the record.

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: 080616    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 02 Mos, 24 Days ?????
Total Service:  		05 Yrs, 04 Mos, 29 Days ?????
Previous Discharges: 	RA 040713-060814/HD
                                       RA 060815-080615/HD
                                       RA 080616-081015/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92F10/Petro Supply Spc   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Iraq x 2 (051125-061109 and 071130-090211)
Decorations/Awards: ARCOM-3, AAM, AGCM, NDSM, ICM-2, GWOTSM, ASR, OSER-2, CAB

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: None listed



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 January 2010, the applicant was charged with failing to report to his designated place of duty (090602), AWOL (100121-100125), disobeying a lawful order from a commissioned officer (091012), driving under the influence (091013), and communicating a threat to kill CPT C (090726).
       
       On 26 January 2010, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser included offense.  Further, the applicant indicated that he understood he could receive an under other than honorable conditions discharge and the discharge would have a significant effect on eligibility for veterans benefits.  The applicant’s trial defense counsel submitted a statement on his behalf.  The unit commander and senior intermediate commanders reviewed the Chapter 10 request and recommended that it be approved with an under other than honorable conditions discharge.
       
       On 29 January 2010, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
       
       The record contains an MP Report dated 13 October 2009 and a Serious Incident Report dated 26 July 2009.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The evidence of record indicates that the applicant was charged with the commission of several offenses punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of that prior to requesting discharge. 
       
       The applicant contends that he was suffering from PTSD and was self-medicating and was having family problems. However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.  The applicant also contends that he was having family problems; however, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct which led to the separation action under review.  He could have sought help for his problems from his chain of command or the numerous Army community service providers like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       Moreover, the analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review which included his two combat tours.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and by the multiple negative counseling statements.
       
       Finally, the analyst noted the applicant's issues about better job opportunities and VA benefits.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]

Witnesses/Observers: None 

Exhibits Submitted: A self-authored statement, medical documents, 3 character reference letters, advisement document.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.






















 
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:


EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120001362
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