Applicant Name:  ?????

Application Receipt Date: 2012/02/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he served in combat and suffered from Post Traumatic Stress Disorder (PTSD), Depression, Personal Adjustment Disorder, and Border Line Personality Disorder.

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: 110811
Discharge Received: 			   Date: 110901   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: 64th CS Sup Co, FSB, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110420, Failure to go at the time prescribed to his appointed place of duty (101206 and 101209) and disobeying a lawful order from a noncommissioned officer (110302), reduction to E1 (excess of reduction to E2 suspended); forfeiture of $822.00 pay per month for two months (excess of one month suspended); extra duty for 45 days; and restriction for 45 days, (FG).

110602, Suspension of punishment of reduction to E1; suspension of forfeiture of $822.00 for one month was vacated for disobeying a lawful command from a commissioned officer (110517), disobeying a lawful order from a noncommissioned officer (110517), and breaking restriction (110516 and 110517).

110630, Failure to go at the time prescribed to his appointed place of duty (110526 and 110601), disrespect towards a commisssioned officer (110517), disobeying a lawful command from a commissioned officer (110517), disobeying a lawful order from a noncommissioned officer (110517 and 110601), disrespectful in language toward a noncommissioned officer (110524), dereliction in the performance of his duties between (110514 and 110530), breaking restriction (110516 and 110517), forfeiture of $733.00 pay per month for two months (suspended); and restriction for 60 days, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 081015    Current ENL Term: 04 Years  22 Weeks
Current ENL Service: 	02 Yrs, 10  Mos, 17  Days ?????
Total Service:  		02 Yrs, 10  Mos, 17  Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Op   GT: 109   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (100323-100823)
Decorations/Awards: AAM, NDSM, ICM-w/CS, GWOTSM, ASR

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 11 August 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for failing to go at the time prescribed to his appointed place of duty on divers occasions between (101206 and 110606); disrespectful to a commissioned officer (110517); disobeying a lawful command from a commissioned officer (110517); disobeying a lawful order on divers occasions between (110302 and 110601); disrespectful towards a noncommissioned officer (110524); dereliction of duties on divers occasions between (110524 and 110530); and breaking restriction (110516 and 110517), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 18 August 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 24 August 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       Furthermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a fully honorable discharge.
       
       
       
       
       
       
       
       The applicant's contends that his rear detachment chain of command was very degrading and that they were not leaders.  The analyst noted the applicant's contentions; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was unfairly treated.   In fact, the applicant’s two Articles 15 and numerous negative counseling statements justify a pattern of misconduct.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation or further evidence in support of his request for an upgrade of his discharge.
       
       The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The Report of Mental Status Evaluation, dated 15 August 2011 in the applicant's record, shows that the applicant was screened for Post Traumatic Stress Disorder and mild Traumatic Brain Injury and the results were negative in both these areas.  The applicant was cleared for Chapter 14-12.  While the applicant was diagnosed with Anxiety Disorder NOS and Adjustment Disorder, he meet retention standards IAW AR 40-501, Chapter 3 and was recommended for expedited administrative separation.
       
       There is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 25 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, Self-Authored Statement, Character Letter, dated 15 December 2011, Letter of Affirmation, dated 16 December 2011, Letter of recommendation, and DD Form 214 for the period of service under review.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review 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 AR20120002916
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