Applicant Name: 

Application Receipt Date: 2008/05/30	

Prior Review    Prior Review Date: None

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

Issues: The Applicant states that when he got in trouble he was experiencing extreme anger due to his service in Iraq.  He started drinking heavily to self medicate and feel numb.  He served almost 4 years and wanted to make the Army a career.  He is now seeking help from the VA for possible PTSD.  He feels his service in Iraq was not taken into consideration when the decision for his general discharge was made.

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: 071017
Discharge Received:     Date: 071120   
Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)
RE:     SPD: JKQ
Unit/Location: A Co, 302d Cbt Spt Bn, Camp Casey, Korea 

Time Lost: 23 days, AWOL (070723-070814), surrendered

Article 15s (Charges/Dates/Punishment): 070905, conspiracy to commit larceny, theft of 40,000 Won, breaking curfew, under age drinking, engaging  in prostitution, and failure to pay debt (070101), AWOL (070723-070815), reduction to E-2, forfeiture of $729 x 2 (suspended), 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8607  
HOR City, State: 
Current ENL Date: 060806    Current ENL Term: 5 Years  ?????
Current ENL Service: 01 Yrs, 03Mos, 15Days ?????
Total Service:  03 Yrs, 09Mos, 08Days ?????
Previous Discharges: RA 040121-060805/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 89B10/Ammunition Spc   GT: 112   EDU: GED   Overseas: Korea   Combat: None in file, however, the applicant states he served in Iraq.
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSR, KSDM

V.  Post-Discharge Activity
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 17 October 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct (serious offense)—for theft of 40,000 Korean Won, for being AWOL, under age drinking, engaging in prostitution, and for failure to pay debts, with a general under honorable conditions discharge.  He was advised of his rights.  The applicant waived his right to 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.  On 31 October 2007, 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, and the issue 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 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.  Additionally, eligibility for veteran's benefits to include medical benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  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: 11 July 2008              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA




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 0    No change 5   - Character
		 			      Change 0    No change 5   - 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 discharge was both proper and equitable and voted to deny relief.  

								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 11 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080008794
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