Applicant Name:  ?????

Application Receipt Date: 2012/03/28	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 severe PTSD after being discharged.  He served 2 tours in Iraq honorably and saved many lives.  Due to his undiagnosed PTSD from combat and injuries sustained, he became addicted to pain meds.  He never had any disciplinary or ethical/moral problems up until he got hurt after his first deployment.  He is working with the VA to better himself and help other Soldiers with substance abuse and mental health issues.  He has completed his inpatient substance abuse and PTSD programs and a grateful veteran and humble member of society.  

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: 091009
Discharge Received: 			   Date: 091103   Chapter: 14-12c (2)       AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: ????? 

Time Lost:  None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  23
Current ENL Date: Reenl/080526    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1 Yrs, 5  Mos, 8  Days ?????
Total Service:  		4 Yrs, 10  Mos, 1  Days ?????
Previous Discharges: 	USAR 041120-050102/NA
                                       RA      050103-080525/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 68W20 Health Care Spec   GT: 116   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq x 2 (050918-060910) (070925-081101)
Decorations/Awards: ARCOM (3), AAM (4), GCMDL, NDSM, GWOTSM, ACMw/2 CS, MUC, VUA, NCOPDR, ASR, OSR (2), CMB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his issue that he has completed his inpatient substance abuse and PTSD programs. 





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 October 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; abuse of illegal drugs; in that he wrongfully used cocaine between (090525-090528), with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 22 October 2009, the applicant waived legal counsel, was advised of the impact of the discharge action, 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 discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged 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 carefully examining the applicant’s record of service during the period of enlistment under review, the issue and documents 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.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The analyst noted the applicant's issue that he served two tours in Iraq honorabley and saved many lives.  Due to his undiagnosed PTSD from combat and injuries sustained and he became addicted to pain meds.  He never had any disciplinary or ethical/moral problems up until he got hurt after his first deployment.  The analyst noted the letter from the Dept of Veterans Affairs informing the applicant that they were still working on his claim for PTSD.  However, in review of the applicant's entire service record, the analyst found that this medical condition the applicant is claiming did not overcome the reason for discharge and the characterization of service granted. 
       
       
       
       
       
       
       
       
       
       
       
       
       
       The record shows that on 22 September 2009, the applicant underwent a medical assessment and indicated that he was going to contact the Department of Veterans Affairs (VA) for disability and that he would apply for treatment in reference to his PTSD/depression/sleep problems and anxiety attacks.   The analyst concluded that just because the applicant is claiming PTSD, it does not mean that the applicant did not 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 record does not support the issue that the applicant suffers from 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. 
       
       Additionally, the analyst considered the applicant’s quality of service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge.
       
       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: 30 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 21 March 2012, Dept. of Veterans Affairs certificate establishing civil service preference dated 9 August 2010, medical records with various dates, DA Form 638 dated 5 May 2009. 

























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 Chanbe
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20120006234
______________________________________________________________________________


Page 4 of 4 pages