Applicant Name:  ?????

Application Receipt Date: 080509	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: I am requesting a change in my discharge status related to my mental status upon returning from my tour in support of OIF to Fort Riley, KS.  Upon returning to Fort Riley, I began experiencing regular combat related nightmares and daily intrusive thoughts.  I had been trained throughout my military experience to  adapt and overcome issues so I began drinking alcohol in an attempt to stop thinking about my combat experinces and to assist me in sleeping at night.  I was constantly tired and stressed and as a result I was making bad decisions.  I felt uncomfortable in asking for help to deal with these issues, thinking that I should just "suck it up".  As time went on on the issues became a bigger and bigger problem and I was unable to do my duty like I had in the past.  When I finally did make an attempt to reach out and ask my command for assistance, I was encouraged to, "Drive On!, Its just a phase."  This increased my guilty feelings for actually having these recolections of combat!  Since my discharge I have been actively seeking treatment through the Department of Veterans Affairs.  I have been diagnosed with PTSD and am currently participating in the inpatient combat PTSD unit (PRRP) at the VA in Martinsburg, WV.  While I ultimately take responsibility for my own actions I feel that if my PTSD issues had been recognized and addressed while I was struggling during my last months in the Army, I might still be serving my country!

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: 050307
Discharge Received: 			   Date: 050419   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: HHC, 1-34 AR Bn, Fort Riley, KS 

Time Lost: Confinement/Military Authorities for 14 days (050324-050408). 

Article 15s (Charges/Dates/Punishment): 030423, assaulted another Soldier with a glass bottle (030316) and under age drinking ( (030316), reduction to E-1, forfeiture of $575 x 2, extra duty for 45 days and restriction for 45 days (FG).

Courts-Martial (Charges/Dates/Punishment): 050324, SCM, failure to report x 2 (070127) and (050120), and disrespectful in language and deportment towards a 1SG (050120).  Reduction to E-2, restriction for 10 days and confinement for 20 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 020404    Current ENL Term: 3 Years  ?????
Current ENL Service: 	03 Yrs, 00Mos, 00Days ?????
Total Service:  		03 Yrs, 00Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 93   EDU: 12 Years   Overseas: Southwest Asia   Combat: Kuwait/Iraq (030907-040928)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Martinsburg, WV
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 7 March 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct-commission of a serious offense for failure to obey lawful orders on many occasions, disrespected his superiors and failed to report on multiple occasions, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and submitted 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.  On 18 October 2005, 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 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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  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.  Furthermore, the analyst noted the applicant's issue; however, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  Additionally, the record does not support the applicant’s contention that he suffers from Post Traumatic Stress symptoms and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  In view of the foregoing, 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: 20 October 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: Mr. James Noll (Case Manager)
                                       VA Medical Center
                                       C-POD 154B
                                       Martinsburg, WV 

Exhibits Submitted: The applicant submmitted nine additional pages of documents in support of his personal appearance hearing.


VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service; to include his combat service, 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 fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None


ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007787
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