Applicant Name:  ?????

Application Receipt Date: 2008/07/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that his discharge was not warranted because he has PTSD and a TBI as well as other issues.  He was medicated most of the time he was at Walter Reed therefore unable to meet his responsibility mentally or phisically.  He asks the Board for reconsideration of his discharge and that it be upgraded to fully Honorable.

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: 080328
Discharge Received: 			   Date: 080424   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Battle Co, Warrior Transition Brigade, Walter Reed Army Medical Center, Washington, D.C. 

Time Lost: 9 days AWOL (071020-071028), surrendered.

Article 15s (Charges/Dates/Punishment): 070904, failure to report x 2 (070808, 070813), disobeyed a lawful order from an NCO, forfeiture of $340 ($200 suspended), 14 days extra duty and restriction (CG)

071101, the unit commander's letter indicates a second Article 15 (CG), not in file.  The suspended sentence from the above listed Article 15 was also vacated on this date.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 051003    Current ENL Term: 3 Years  20 weeks
Current ENL Service: 	00 Yrs, 06Mos, 10Days ?????
Total Service:  		02 Yrs, 06Mos, 19Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 19D/Cavalry Scout   GT: 90   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (060802-070502)
Decorations/Awards: NDSM, Afghanistan CM, ASR, OSR, NM, CAB

V.  Post-Discharge Activity
City, State:  Burlington, NJ
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of pattern of misconduct—for being AWOL (071020-071029), for failures to report, for disobeying lawful orders from NCOs and having received two Articles 15 (070904, 071101), with a general under honorable conditions discharge.  He was advised of his rights.  On 1 April 2008, the applicant waived legal 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 24 April 2008, 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:  
       The analyst carefully examined the applicant’s record of service during the period of enlistment under review and the documents he submitted.  There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst determined that 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.  The analyst acknowledges the applicant's medical condition of PTSD; however, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill 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.Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.   The applicant submitted two medical documents, a personal statement, and a letter from his counselor in support of his personal appearance hearing.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 November 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: The American Legion
                 Attention:  DoD Counselor
                 1608 K Street, NW
                 Washington, D.C.

Witnesses/Observers: Parents 

Exhibits Submitted: Letter from the American Legion Counselor and a personal statement from the Applicant.

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 discharge was both proper and equitable, voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 1    No change 4
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: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011036
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