Applicant Name:  ?????

Application Receipt Date: 2008/09/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 080108
Discharge Received: 			   Date: 080118   Chapter: 14       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Trp, 1/10th Cav Regt, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080118, Disobeying a lawful order from a superior commissioned officer not to drink alcohol (071123) and disobeying a lawful order from a noncommissioned officer to check with command before departing from his room (071204), reduction to E4, 45 days extra duty and restriction (suspended), (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 041015    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 03Mos, 04Days ?????
Total Service:  		05 Yrs, 08Mos, 09Days Includes a period of service (970519-970613) in the USMCR which was omitted from the applicant DD Form 214.
Previous Discharges: 	USMCR-970519-970613/NA
                                       RA-020605-041014/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 11C10/Indirect Fire Infantryman   GT: 124   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq X 2 (030402-040226 and 050303-060303)
Decorations/Awards: ARCOM-2, AGCM, NDSM, GWOTEM, GWOTSM, ICM, ASR, OSR-2, CIB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 January 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, AR 635-200, by reason of misconduct- pattern of misconduct for being arrested and charged with carrying a concealed weapon prohibited use of a weapon while intoxicated, disorderly conduct, reckless endangerment, disobeying a direct order from a commissioned officer, and communicating a suicide threat, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did 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.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Administrative Reprimand dated 17 May 2007, for driving under the influence of alcohol.

       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 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 analyst noted the applicant's issue that his discharge was based on events that occurred as a result of having PTSD.  However, the evidence of record shows that on 10 September 2007, DA Form 4700 (Medical Record-Supplemental Medical Data) that the applicant was diagnosed by competent medical authority from the psychiatry & psychology services as having an Adjustment Disorder (resolved) and PTSD Chronic with clinical problems of irritability, anxiety, and Insomnia, and was treated with medication.  Further, on 19 December 2007, Chronological Record of Medical Care made reference to the applicant being treated for PTSD.  Additionally, documents from the Piles Peak Mental Health, health care facility, shows that the applicant was diagnosed with Axis I Post Traumatic Stress Disorder and Alcohol Dependency and that the applicant was to continue on his medications.  Having examined the above documentation, the analyst determined that the applicant's discharge was not the result of any medical condition and that he was administratively discharged under the provisions of Chapter 14, AR 635-200 by reason of misconduct- pattern of misconduct.  In view of the foregoing, 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.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 January 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080014153
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