Applicant Name:  ?????

Application Receipt Date: 2008/07/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that prior to his discharge he was diagnosed as suffering from PTSD and depression.  This diagnosis was arrived at after several suicide attempts.  He has applied for treatment and compensation for his PTSD and depression while in the Army.  He was awarded 6 ARCOMs and 3 AAMs.  Following his service in Desert Storm and assignement to JTF GITMO for the Hatian exodus and the death of his father he found himself descending into depression.  He couldn't sleep, and did not like the side effects of the prescribed sleep medications that were given to him.  He tried marijuana for his sleep disorder, it helped him but he became dependant on the drug.  After testing positive at a random urinalysis he became despondent and attempted suicide several times.  He was referred to the VA Hospital at Palo Alto, CA and was diagnosed with PTSD and depression.  He was a good soldier and knew what he was doing.  However, no one else was doing anything to help him.  He feels that because of his previous good record of over 18 good years of dedicated active and reserve service he deserves some leniency.  He provides eight documents for the Board's consideration in his request for an honorable discharge.

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: NIF
Discharge Received: 			   Date: 031126   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 14th PSYOPS Bn, Fort Lewis, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  36
Current ENL Date: AGR/990823    Current ENL Term: 6 Years  ?????
Current ENL Service: 	04 Yrs, 04Mos, 03Days ?????
Total Service:  		18 Yrs, 05Mos, 09Days Includes 8 yrs, 7 months, and 28 days of inactive service
Previous Discharges: 	ADT 830302-830412/UNC
                                       ADT 860711-861209/UNC
                                       ARNG 851017-870615/GD
                                       RA 910726-911222/HD
                                       USAR 950122-990822/HD
Highest Grade: E-7		Performance Ratings Available: Yes    No 
MOS: 63B/Light Vehicle Mech   GT: 105   EDU: GED   Overseas: SWA, Cuba   Combat: SWA (910804-911115)
Decorations/Awards: ARCOM-2, AAM-3, JMUA, ARCAM, NDSM, AFEM, SWAM-1BSS, HSM, AFRM, NCOPDR, GCM-2, KLM

V.  Post-Discharge Activity
City, State:  Lincoln City, OR
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu trial by court-martial with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the service-in lieu of court-martial) with a reentry eligibility (RE) code of "4."   The record does indicate that on 20 November 2003, the separation authority approved the discharge in lieu of trial by court martial with a characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank.   
       
       Additionally, the record contains two General Officer Memorandums of Reprimand (GOMOR), the first one dated 20 March 2003 for a positive urinalysis for marijuana (020825) and a second GOMOR dated 7 April 2003 for a positive urinalysis for marijuana (030319).

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       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 record is void of facts and circumstances concerning the events that led to a discharge from the Army.  The analyst noted that the applicant’s record contains a properly constituted DD Form 214, Certificate of Release or Discharge from Active Duty, which was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the Analyst presumed Government regularity in the discharge process.  The evidence of record shows the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the service in lieu of trial by court-martial.  In connection with such a discharge, the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  Procedurally, the applicant was required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser included offenses under the UCMJ.  In the absence of information to the contrary, the Analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant would have been aware of that prior to requesting discharge.  Furthermore, the analyst noted the applicant’s issue that his discharge was the result of a single and isolated event, however, the charge sheet is not contained in the record and the applicant has not provided any documentation that would indicate what he was charged with.  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.  Therefore, 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: 26 September 2008         Location: Washington, D.C.

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 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
Issue a new DD Form 214  					         Colonel, U.S. Army
Change Characterization to: 			         President, Army Discharge Review Board 
Change Reason to:  
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080011232
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