Applicant Name:  ?????

Application Receipt Date: 2009/02/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states in effect:  "There are several reasons why my discharge should be changed. I enlisted back in 2002 and went to the Army Infantry basic training. I graduated Feb 2002 and was deployed to Kuwait 3 days before OIF started.  As an E-1, I was part of the initial assault of OIF.  I earned my Combat Infantry Badge as a private.  Not too long after I redeployed, I was sent back to Iraq to serve yet another tour.  My decision was to be discharged from the Army to head back to NY, but the Army decided to fall me under the Stop-Loss, Stop- Movement policy.  Once again I was deployed back to Iraq to earn my CIB.  When I redeployed I was diagnosed with PTSD.  Yes, I commited a serious offense, but I served my country, in combat, numerous times.  Before I fell under the Stop-Loss policy, I completed my full term of 4 years active duty, Honorably.  Never once did I recieve any disciplinary counseling or Article 15's.  I have recieved a Good Conduct Medal.  I did recieve a General under Honorable Conditions discharge, but still maintained my rank as an E-5.  Please reconsider my discharge for an upgrade.  Thank you very much, Sir/Ma'am."  He provides two supporting documents 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: 070809
Discharge Received: 			   Date: 080808   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Co, 1-12 Cav, 1CD, Fort Hood, TX  

Time Lost: Total time lost is 222 days.  6 days, AWOL x 2 (070220-070722 and 070921-070923); 216 days, confined by civil authorities (080115-080709)

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:  18
Current ENL Date: 021016    Current ENL Term: 4 Years  Retained in Service for Convenience of the Government for 483 days.
Current ENL Service: 	05 Yrs, 03Mos, 22Days ?????
Total Service:  		05 Yrs, 03Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B/Infantryman   GT: 101   EDU: HS Grad   Overseas: Iraq   Combat: Iraq x 2 (030331-040104 and 061004-070917)
Decorations/Awards: JSAM, AAM, JMUA, PUC, AGCM, NDSM, GWOTEM, GWOTEM, ICM, ASR, OSR-2, CIB

V.  Post-Discharge Activity
City, State:  Killeen, TX
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 August 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for failing to return to his unit in Iraq after expiration of his environmental leave, for having sex and engaging in indecent acts with a female under the age of 16 years old, with an under other than honorable conditions discharge.  He was advised of his rights.  On 17 August  2007, the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board.  The applicant did not submit a statement on his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 14 September 2007, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 16 November 2007, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended that the applicant be discharged with issuance of a character of service of general, under honorable conditions.  On 20 March 2008, the separation authority approved the recommendation of the administrative separation board and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record contains a Civilian Police Report from the City of Killeen, Texas dated 14 June 2007.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation 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 the entire applicant’s military records, and the issue submitted with the application, 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 the former soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of 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 combat service in Iraq and his diagnosis of Post Traumatic Stress Disorder.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments and condition did not overcome the reason for discharge and characterization of service granted.   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: 13 March 2009         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 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 AR20090002414
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