Applicant Name:  ?????

Application Receipt Date: 2009/06/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant's discharge characterization was improper because he lacked the requisite mental intent to be discharged for the serious offense of missing movement.  The discharge characterization was not equitable because the applicant received insufficient counseling after his suicide attempt led to a charge of missing movement.  The discharge was not equitable since the applicatn would not have received the same discharge if current Army policies and procedures to handle and identify suicidal tendencies and behavior had been available at the time of his discharge.  In light of the applicant exceptional military service record, his discharge should be upgraded to Honorable on equitable grounds.  The applicant should have been separated with a Medical Discharge instead of for the commission of a serious offense, and correspondingly, he should have an honorable discharg, instead of a general, under honorable conditions discharge.

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: 070801
Discharge Received: 			   Date: 070816   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HD, 1/30th Inf Regt, 2d Bde, Fort Stewart, GA 

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:  18
Current ENL Date: 040129    Current ENL Term: 03 Years  (Stop Loss was in effect).
Current ENL Service: 	03 Yrs, 06Mos, 18Days ?????
Total Service:  		03 Yrs, 06Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 13F10/Fire Support Specialist   GT: 127   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050120-051224)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, NCOPDR, ASR, OSR, CAB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 1 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 missing movement of the flight of the trail party (070528) for the purpose of avoiding hazardous duty, to wit; Operation Iraqi Freedom V, with a general, under honorable conditions discharge.  
       
       He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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.  On 7 August 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of general, under honorable conditions.

       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, the documents, and issues 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 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.  
       
       Futhermore the analyst noted the applicant issues; however, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
       
       The analyst acknowledges the independent documents submitted with the application indicating that the applicant was diagnosed with post traumatic stress disorder (PTSD), and received a 70% disability rating.  However, the applicant's available record does not contain any evidence of inservice diagnosis of PTSD as indicated in the independent documentation and the applicant did not submit any corroborating evidence of inservice diagnosis of PTSD or related medical issues.  The applicant's Mental Status Evaluation dated 4 June 2007, makes reference to the applicant being mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirements of the law.  He had the mental capacity to understand and participate in board or other administrative proceedings.
       
       In view of the foregoing, 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: 31 March 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Department of Veterans Affairs Rating Decision, dated 8 October 2009; Supplement letter, dated 26 October 2009; Attachment to DD Form 293 (8 pages): Enlisted Record Brief; Character Statements (3); Service School Academic Evaluation Report; Memorandum of Commendation; Medical care record from WACH; PTSD Diagnosis (2 sources); Celexa; Permanent Orders 81-9; Deployment Personnel List; WACH Mental Status Evaluation; Record of Proceeding Under Article 15; Discharge Paperwork; Professor Statements (4); Excerpts from Chapter 14, AR 635-200, Manual for Courts Martial Article 87, and Army Field Manual 6-7; Developmental Counseling Forms; Excerpts from NY Times, Stars and Stripes, Websites, and AR 40-501.

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 1    No change 4
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 AR20090011673
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