Applicant Name:  ?????

Application Receipt Date: 2009/04/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests upgrade of his discharge to fully honorable, because he was diagnosed with Post Traumatic Stress Disorder (PTSD) upon returning from Iraq.

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: 050822
Discharge Received: 			   Date: 051019   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: C Btry, 5-3rd Field Artillery, Fort Sill, OK  

Time Lost: AWOL for 62 days (050421-050621), surrendered. 

Article 15s (Charges/Dates/Punishment): None in the file, but the record shows that the applicant had been reduced to E-1, prior to him going AWOL.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 021029    Current ENL Term: 03 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 20Days ?????
Total Service:  		02 Yrs, 09Mos, 20Days Includes 118 days of excess leave (050624-051019)
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13M10 MLRS/HIMARS Crew   GT: 123   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (NIF)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 June 2005, the applicant was charged with AWOL (050421-050621).  On 24 June 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 did not submit a statement in his own behalf.
        
       The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  On 27 September 2005, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. 
        
       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 documents submitted with the application, the analyst found several mitigating factors that would merit a partial  upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  
       
       While the applicant's misconduct is not condoned, the analyst found that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient length, to include his combat service, and the circumstances (i.e.,chronological record of his medical care) surrounding the discharge to warrant a partial upgrade of the discharge under review.  Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions.  
       
             Further, the analyst noted the applicant's issue requesting an upgrade of his discharge to fully honorable.  By the misconduct (i.e., AWOL) the applicant diminished the quality of the former Soldier’s service below that meriting a fully honorable discharge.  

            However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

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: No

Witnesses/Observers: Yes 

Exhibits Submitted: The applicant submitted the following documents:  17 Pages of Medical/Mental Documents; a DD Form 214, dated (051029).

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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			 
								         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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None




































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 AR20090008146
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