Application Receipt Date: 060428	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states that he was diagnosed with PTSD.

II.  Were Proper Discharge and Separation Authority procedures followed?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 050614
Discharge Received:     Date: 050627   
Chapter: 14-12b    AR: 635-200
Reason: Misconduct
RE:     SPD: JKA
Unit/Location: Headquarters and Headquarters Troop, 2d Squadron, 9th Cavalry, 3d Brigade Combat Team, Fort Carson, Colorado 80913  

Time Lost: None

Article 15s (Charges/Dates/Punishment):  050512-drunk on duty on (050411), (050221) and (041024)/Field Grade.

2nd Article 15:  050323-disobedience of a lawful order given by a commissioned officer on (050221); Driving under the influence of alcohol on (050221); drunk and disorderly conduct on (050221); threatening and disrespect to an NCO on (050221); communicating a threat on (050221)/Field Grade. 

On 050326, the suspension of the punishment of 1/2 a months pay for 2 months imposed on 22 March 2005, was vacated.  Vacation was based on the offense of soldier showing up drunk for duty on 26 March 2005. 

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  820721  
Current ENL Date: 021120    Current ENL Term: 4 Years  The DD Form 214 indicates that the applicant reenlisted on (050120); also the DD Form 214 indicates that the applicant had not completed his first term of service.  There are no reelistment documents available in the OMPF.
Current ENL Service: 2 Yrs, 2 Mos, 1 Days ?????
Total Service:  2 Yrs, 2 Mos, 1 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 91W10, Health Care Specialist   GT: NIF   EDU: GED   Overseas: Southwest Asia   Combat: Iraq/Kuwait-030705-040331
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSB
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 12 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason misconduct—patterns of misconduct (he was found to be under the influence of alcohol while on duty x3 on 25 October 2004, on 21 February 2005, and 11 April 2005; he was also disrespectful and threatening towards noncommissioned officers, repeatedly, and failed to go to his appointed place of duty on or about 5 April 2005), with an under other than honorable conditions discharge.  He was advised of his rights.  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, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a characterization of service of under other than honorable conditions.  On 16 June 2005, the separation authority directed that the applicant be discharged with a characterization of service of under other than honorable conditions.
      

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, but a general discharge 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, and the issue he submitted, the analyst found that the evidence was not sufficiently mitigating to warrant an upgrade of the discharge under review.  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.  Therefore, the analyst found that the characterization of service and the reason for discharge were both proper and equitable and recommends the Board vote to deny relief in this case.
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 February 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




VIII.  Board Decision
The discharge was:			Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The characterization of service was:   Proper	 	Improper	
				                 	Equitable	 	Inequitable	

The narrative reasons were: 	       	Equitable	 	Inequitable	

DRB voting record:  		      	Change     No change    (Character)
		 			       	Change     No change    (Reason)
					      (Board member names available upon request)

IX.  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 characterization of service was too harsh and as a result it is inequitable.  The Board determined that the overall length of the applicant's service to include his combat service and the medical circumstances surrounding the discharge, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it.  The Board also voted to administratively change the reentry eligibility (RE) code on the DD Form 214 to "3."

















Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 23 February 2006
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006002

Applicant Name:   Mr.       
______________________________________________________________________


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