Applicant Name:  ?????

Application Receipt Date: 2008/09/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he served over 10 and a half years in the Army and due to his deployment to Iraq coming home and needing to adjust was very hard.  He was diagnosed with PTSD.  He feels his discharge was inequitable because it was based on one isolated incident within the 10 and a half years he servedwith no other adverse actions.  He provides 5 pages of supporting documentation for the Board's consideration.

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: 051103
Discharge Received: 			   Date: 051214   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial By Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 143d Ord Co, Aberdeen PG, MD 

Time Lost: 30 days, AWOL (051003-051101), apprehended

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:  27
Current ENL Date: 030930    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 01Mos, 15Days ?????
Total Service:  		09 Yrs, 08Mos, 28Days ?????
Previous Discharges: 	RA 960220-980414/HD
                                       RA 980415-010418/HD
                                       RA 010419-030929/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 63H30/Track Vehicle Mechanic   GT: 124   EDU: HS Grad   Overseas: Korea, Kuwait, Iraq   Combat: Iraq/Kuwait (030110-030709)
Decorations/Awards: BSM, ARCOM-2, AAM-3, PUC, AGCM-2, NDSM, KDSM, GWOTSM, GWOTEM, NPDR-2, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  Moon Twp, PA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 November 2005, the applicant was charged with nine specifications of failure to report (050427-051028), AWOL (051003-051101), disobeying a lawful order from a commissioned officer x 2 (050923, 051003), and wrongfully communicating a threat (051028).  On 23 November 2005, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser included offense.  Further, the applicant indicated that he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted a statement in his own behalf.  The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge.  On 9 December 2005, the separation authority approved the discharge with characterization of service of under other than honorable conditions.  The applicant was to be reduced to the lowest enlisted rank. 

       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 available military records during the period of enlistment under review, the issue and documents submitted with his application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  This recommendation was made after full consideration of the former soldier’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service is now too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service, mitigated the discrediting entries in the service record.  The analyst noted that the applicant earned many awards to include the Bronze Star Medal for his service in Iraq.  Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to SSG/E-6.  
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 January 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 characterization of service was too harsh based on the applicant’s length and quality of service to include his combat service and as a result it is inequitable.  The Board noted that the Applicant was awarded the Bronze Star Medal for his service in Iraq.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was proper and equitable and voted not to change it.   This action entails restoration of geade to E-6/SSG.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: E-6/SSG
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013711
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