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 his Purple Heart award is not listed on his DD Form 214 and that he is requesting an upgrade of his discharge to honorable in order to use his educational benefits.  The award of his Purple Heart was as a result of an IED blast which has caused him a traumatic brain injury and PTSD.  Now he just can’t perform any manual labor.

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: 111006
Discharge Received: 			   Date: 120111   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Ofense)	   RE:     SPD: JKQ   Unit/Location: A Co, 1-187 IN Rgt, Fort Campbell, KY 

Time Lost: AWOL x 3 for a total of 11 days (1106110110615, 110823-110824, and 110923-110926), the mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 110602, failed to report x 2 (110427, 110506), reduction to E-2, forfeiture of $411 for two months (suspended), 45 days of extra duty and restriction (FG)

110926, AWOL (110823-110824), wrongfully used d-amphetamines and d-methamphetamines (110507-110517) , reduction to E-1, forfeiture of $733 for two months, 45 days of extra duty and restriction, and an oral reprimand (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 081105    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	02 Yrs, 09 Mos, 25 Days ?????
Total Service:  		02 Yrs, 09 Mos, 25 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 115   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (100206-110207)
Decorations/Awards: PH (Not listed on DD Form 214), ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NM, CIB.

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 6 October 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense, for engaging in a reckless conduct (110317) with a firearm which placed several people in danger of serious bodily harm; failing to report to his designated place of duty three times (110427, 110506, and 110721); wrongfully sing methamphetamines and d-methamphetamines (110507-110517); and being AWOL on three occasions (1106110110615, 110823-110824, and 110923-110926, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 12 October 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested 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 senior intermediate commanders reviewed the proposed action and recommended approval of an under other than honorable conditions discharge.
       
       On 2 November 2011, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 5 December 2011, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended the applicant be discharged with issuance of a character of service of general, under honorable conditions.
         
       On 19 December 2011, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The applicant’s record contains several civilian court documents dated 12 April 2011.

       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, the documents 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 his repeated serious incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by two Articles 15 for serious violations of the Uniform Code of Military Justice.  
       
       Moreover, 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 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 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 a combat tour.  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 or by the multiple negative counseling statements contained in his service record.  
       
       The applicant contends that he received a Purple Heart award for injuries sustained in combat and that it is not listed on his DD Form 214.  However, the correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board.  The applicant’s issue in reference to his Purple Heart award will be resolved by the Army Board for Correction of Military Records (ABCMR).  Moreover, 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.  
       
       Furthermore, the record does not support the issue that the applicant suffers from TBI or Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.   
       
       Finally, 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: 9 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, Purple Heart award certificate, orders, DA Form 4187, and DA Form 4187-R.

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 AR20120004312
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