Applicant Name:  ?????

Application Receipt Date: 2008/05/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated "At the time of the misconduct I was unaware that I had mental health issues.  Upon returning from Iraq I had a break down which I was committed to Darnell Army Medical Center.  During my visit at Darnell I was informed that I had PTSD and bi-polar.  Conditions that I have never been aware until then.  The chain of command did not give any options such as a rehabiliation transfer to another unit in the 1st Cavalry Divison.  Nor did they offer any type of mental health assistance."

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: 030821
Discharge Received: 			   Date: 030911   Chapter: 14       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: 68th Chemical Co, 1-21st FA Bn, Fort Hood, TX 

Time Lost: AWOL x 2 for 57 days (020806-020904) and (020905-021001), surrendered.

Article 15s (Charges/Dates/Punishment): 030504, disrespectful in language towards a SSG (030306), disobeyed a lawful order from a SSG x 2 (030408) and (030408),  reduction to E-1, forfeiture of $625 x 2, extra duty and restriction for 45 days (FG).

030115, AWOL from (020806-021002), reduction to E-2, forfeiture of $619 x 2 (suspended), extra duty for 45 days and restriction for 45 days (suspended), (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 010711    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 00Mos, 04Days ?????
Total Service:  		02 Yrs, 00Mos, 04Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 74D10 Chemical Operations Spec   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (Dates NIF)
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Washington, DC
Post Service Accomplishments: None Listed 





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 August 2003, 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 AWOL from (020806-021002), 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,  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 20 August 2003, 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 in reference to his chain of command not giving him the option of a rehabilitative transfer, however, the evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.  Further, the applicant's record does not contain any evidence of inservice PTSD symptoms or injuries sustained by the applicant while in Iraq. The applicant did not submit any corroborating evidence of inservice PTSD symptoms or related medical issues.  The analyst acknowledges the applicant’s post service diagnosis of PTSD from the Martinsburg Veterans Administration Medical Center, however, a diagnosis of PTSD is not an excuse for misconduct nor a basis for an upgrade of the discharge under review.  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: 4 March 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA



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						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         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 AR20080008224
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