IN THE CASE OF:	   

		BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130012461 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an upgrade of his under other than honorable conditions discharge to a general discharge.

2.  The applicant states that while serving in Iraq he sustained a back injury from an improvised explosive device (IED) explosion.  He was reassigned to Fort Benning, GA, where he was prescribed Oxycodone for his back pain.  He was also diagnosed with Post-Traumatic Stress Disorder (PTSD).  Additionally, he states:

   a.  He became addicted to the Oycodone and various street drugs.  He was using drugs to suppress the symptoms of his PTSD, which included nightmares, flashbacks, trouble being in crowds, being constantly alert and nervous, and sleeping only 3 or 4 hours a night.  In addition, his wife filed for a divorce, which further added to his stress.  The divorce was finalized in May 2008.

   b.  The Army offered him rehabilitation treatment for a period of 28 days.  He attended meetings and the topic of discussion was alcohol abuse, which was not his problem.  He was instructed to go to Alcoholics Anonymous and Narcotics Anonymous (AA/NA), but he was on extra duty until 2300 hours following his regular duty and he could not make the meetings.  In addition, he was not provided any after-care treatment.

   c.  After being released from rehabilitation he returned to his original unit.  He did not have the opportunity to change his environment, which is required for successful treatment.
   d.  He acknowledges being absent without leave (AWOL) on two occasions and offers as his reasons his drug addiction, PTSD, divorce, inability to attend AA/NA meetings, and his deteriorating mental state.
   
   e.  His legal counsel advised him to sign the separation paperwork with the issuance of an under other than honorable conditions discharge.  He was not offered any alternative options to consider.

   f.  He was a model Soldier up until his addiction took over his life.  He served two tours in Iraq and was awarded the Army Commendation Medal, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Iraq Campaign Medal with one bronze service star, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Overseas Service Ribbon.  He adds that he has been clean and sober for 3 years.

3.  The applicant provides a copy of a medical record and his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 10 April 2003 for a period of 
4 years.  He was promoted to specialist (E-4) on 10 April 2005.

2.  He served in Iraq from 23 October 2003 through 28 January 2004 and from 28 January 2005 through 7 January 2006.  He was assigned to Fort Benning, GA on 18 July 2006.

3.  On 30 October 2007, he received nonjudicial punishment (NJP) for intent to defraud and falsely altering the date of a previously-issued Individual Sick Slip by placing himself on bed rest for 72 hours.

4.  He was AWOL from 25 December 2007 through 25 January 2008.

5.  Court-martial charges were preferred against the applicant for being AWOL from:
* 3 April to 4 April 2008
* 17 April to 8 May 2008
* wrongfully using cocaine between 25 December 2007 and            25 January 2008


6.  On 14 May 2008, the applicant consulted with legal counsel and he voluntarily requested discharge in lieu of trial by court-martial.  The applicant's request for discharge states he was not subjected to coercion with respect to his request for discharge.

   a.  He acknowledged that he understood the elements of the offenses charged and that he was guilty of the charges against him, or of (a) lesser included offense(s) therein contained, which also authorized the imposition of a bad conduct or dishonorable discharge.

   b.  He was advised that he might be discharged under conditions other than honorable, that he might be deprived of many or all Army benefits, that he might be ineligible for many or all benefits administered by the Department of Veterans Affairs, that he might be deprived of his rights and benefits as a veteran under both Federal and State laws, and that he might expect to encounter substantial prejudice in civilian life if he was given an under other than honorable conditions discharge.

	c.  He was also advised that he could submit any statements he desired in his own behalf; however, he declined to do so.

	d.  The applicant and his counsel placed their signatures on the document.

7.  The separation authority approved the applicant's request for discharge and directed separation with an under other than honorable conditions discharge.

8.  The applicant's DD Form 214 shows he was discharged on 2 June 2008 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial with an under other than honorable conditions discharge.  He had completed 5 years and 25 days of net active service.

9.  On 23 March 2011, the Army Discharge Review Board determined the applicant's discharge was proper and equitable.  Accordingly, the applicant's request for upgrade of his discharge was denied.

10.  In support of his application the applicant provides a copy of a Standard Form 600 (Chronological Record of Medical Care), dated 10 March 2008, that shows under "Physical findings" the entry "Neurological:  System:  PTSD; opiod abuse."


11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

	b.  Chapter 3, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

   c.  Chapter 3, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his under other than honorable conditions discharge should be upgraded because he was a model Soldier before becoming addicted to drugs after sustaining a back injury from an IED explosion.  He was also diagnosed with PTSD and the Army did not offer him adequate rehabilitative treatment.

2.  The evidence of record shows the applicant received medical treatment on 
10 March 2008 and the examining physician indicated a physical finding of "PTSD; opiod abuse."  The evidence of record also shows he was afforded rehabilitative treatment.

3.  The evidence of record shows that court-martial charges were preferred against the applicant for offenses for which the authorized punishment included a punitive discharge.  The applicant submitted a request for discharge in lieu of court-martial in which he admitted that he was guilty of the charges against him.  

4.  The applicant's request for discharge under the provisions of Army Regulation 635-200, chapter 10, to avoid trial by court-martial was voluntary and administratively correct.  All requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Considering all the facts of the case, the reason for his separation and characterization of his service were appropriate and equitable.

5.  The applicant's satisfactory service was considered.  However, the evidence of record also shows he falsified a document with intent to defraud, was AWOL on three occasions, wrongfully used cocaine, and elected to request discharge in lieu of being court-martialed.  Thus, the applicant's service during the period under review did not meet the standards of acceptable conduct and performance of duty for Army personnel and he is not entitled to an honorable or a general discharge.

6.  Therefore, there is an insufficient basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ___x ____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ____________x_____________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130012461



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ABCMR Record of Proceedings (cont)                                         AR20130012461



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