Applicant Name:  ?????

Application Receipt Date: 2012/02/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends receiving many awards and citations to prove his characterization of service.  He further contends suffering from Post Traumatic Stress Disorder (PTSD).  

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: 080115
Discharge Received: 			   Date: 080227   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, Spec Trps Bn, Fort Stewart, GA 

Time Lost: AWOL x 3 for a total of 35 days; (070703-070706) for 4 days, mode of return unknown; (070717-070718) for 2 days, mode of return unknown; (070814-070913) for 30 days, mode of return unknown; Confinement/miltary authorities (070718-070725) for 7 days.  Total time lost 42 days.   These periods of lost time are not annotated on the DD Form 214 block 29 dates of time lost during this period. 

Article 15s (Charges/Dates/Punishment): 070806, without authority, failed to go at the time prescribed to his appointed place of duty x 2 (070629), (070702); reduction to E-4, extra duty for 45 days and restriction for 45 days, (FG).

061202, without authority, failed to go at the time prescribed to his appointed place of duty (061119); and willfully disobeyed a lawful order from 1SG DMM (061119);  reduction to E-5, extra duty for 45 days, forfeiture of $1,248 pay x 2 months, and restriction for 45 days (both restricted ), (FG).


Courts-Martial (Charges/Dates/Punishment): 071218, the applicant received a Summary Court-Martial; however, this document is not contained in the available records. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  28
Current ENL Date: 050307    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02  Yrs, 10  Mos, 09   Days ?????
Total Service:  		12  Yrs, 00  Mos, 18  Days block 12c on the DD Form 214 net active service this period, is incorrect and should read 12 Yrs, 00 Mos, 18 Days to account for lost time.
Previous Discharges: 	RA-951227-990113/HD
                                       RA-990114-020508/HD
                                       RA-020509-040107/HD
                                       RA-040108-050306/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 63B10 Wheeled Vehicle Mechanic    GT: 109   EDU: HS Grad   Overseas: Korea/Southwest Asia   Combat: Iraq (specific dates not in file)
Decorations/Awards: ARCOM, AGCM-3, NDSM, ICM, GWOTEM, GWOTSM, KDSM, ASR, OSR 


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 15 January 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense for being found guilty by a Summary Court-Martial for failing to report and absenting himself from his unit (AWOL), and wrongfully using a controlled substance (071218), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 23 January 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board per his pre-trial agreement, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service 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 12 February 2008, 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 and the issues submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that 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 the 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. 
       
       The applicant contends receiving many awards and citations to prove his characterization of service.  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.  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, the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       The applicant further contends suffering from PTSD. The evidence of record shows that on 4 December 2007, the applicant underwent a mental evaluation and was diagnosed with polysubstance abuse, an adjustment disorder with mixed anxiety and depressed mood and a personality disorder, not otherwise specified (NOS) and was psychiatrically cleared for any administrative actions deemed appropriate by the command, to include chapter proceedings.  However, the record does not support the contention that the applicant suffers from PTSD and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.      
       
       Therefore, the analyst determined that 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: 25 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA
Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (120207).

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: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20120003319
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