Applicant Name:  ?????

Application Receipt Date: 2009/04/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I [redacted] am requesting an upgrade of my discharge, due to the fact that at the time of my discharge I was in a combat zone, had been deployed for 15 months, in addition I had been prescribed serval different anti-depressent and sleep meds, which I could not properly utilize due to the nature of my mission set while on deployment.  Finally I was a SGT E5 at the time of incident who never had a field grade Art 15.  In addition I have been dianosed with PTSD and am receiving 50% disability from the VA during the time of my discharge I was not properly medicaly screened due to my mission set.  This has tremendous affects on my actions while in combat.  I'm proud to have served my country in peace time and at war, and it truly means a lot to me to be able to hold my head high as fully honorable veteran."

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: 061124   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Btry, 4/11th FA Regt, Camp Taji, Iraq, APO AE 

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:  22
Current ENL Date: 060323    Current ENL Term: 05 Years  ?????
Current ENL Service: 	00 Yrs, 08Mos, 02Days ?????
Total Service:  		05 Yrs, 03Mos, 18Days ?????
Previous Discharges: 	RA-010807-040818/HD
                                       RA-040819-060322/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 13B10/Cannon Crewmember   GT: 109   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050811-061119)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ICM, ASR, OSR

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






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  Further, the DD Form 458 (Charge Sheet), and the unit commander's recommendation recommending approval of the Chapter 10 request with an under other than honorable conditions discharge, are not part of the available record and the analyst presumed government regularity in the discharge process.  
       
       However, the evidence of record does show that on 23 October 2006, 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 by reason of disrespecting and disobeying a noncommissioned officer and disorderly conduct.  In this request, the applicant admitted guilt to the offense, or a lesser-included offense.
       
       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 did not submit a statement in his own behalf.  
       
       On 9 November 2006, the separation authority approved the discharge with an under other than honorable conditions discharge.  The applicant was to be reducted 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 military records during the period of enlistment under review, the issues and document submitted with the application, the analyst recommends that the applicant’s characterization of service be partially 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 was 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 his service, to include the combat service, and the supporting medical document from the Veterans Administration granting the applicant 30% disability for Post Traumatic Stress Disorder, mitigated the discrediting entries in the service record.  
       
       Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to SGT/E-5.  
       
       Further, by the misconduct (i.e., disrespecting, disobeying a noncommissioned, and disorderly conduct), the applicant diminished the quality of the former Soldier’s service below that meriting a fully honorable discharge.  
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Department of Veterans Affairs decision rating document.

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, and as result it is inequitable.  The Board found that the overall length and quality of the applicant's service to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SGT/E-5.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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: SGT/E-5














Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090007617
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