Applicant Name:  ?????

Application Receipt Date: 2009/07/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states; "I was discharged from the Army under general with honorable conditions due to misconduct and should have been medically discharged instead with honorable conditions."

Additionally, the applicant states in effect, that he suffered from PTSD, drank heavily, and received no help from NCO's.  He claims he was a good Soldier before all the misconduct.

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: 060203
Discharge Received: 			   Date: 060323   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Co, MAMC, Tacoma, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060105, Wrongfully communicated a threat to his wife to kill her (051113); willfully and wrongfully seized and held his wife against her will, reduction to E1; forfeiture of $617.00 pay per month for two months (suspended); 45 days extra duty; and oral reprimand, (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: 040107    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 02Mos, 17Days ?????
Total Service:  		05 Yrs, 06Mos, 16Days ?????
Previous Discharges: 	RA-000905-040106/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 91A10/Medical Equipment Rep   GT: HS Grad   EDU: 117   Overseas: Southwest Asia-2   Combat: Kuwait (020910-030115), Iraq (030116-031110)
Decorations/Awards: ARCOM (w/V Device), ARCOM, AAM, AGCM, NDSM, GWOTEM, ASR, OSR, CMB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 3 February 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for failing to be at his appointed place of duty (050928, 051107, and 051215); being incapacitated for the performance of his duties (051113), and for being arrested for threatening to kill his wife and holding her against her will, 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 which was not found in the available records.  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 8 March 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service 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, but a general discharge 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 the issues 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 he suffered from intense PTSD, frags from a RPG  while serving in Iraq, and that he was denied help.  However, records show that the applicant was hospitalized from    3 January 2006 until 14 November 2005 (date incorrect), was diagnosed with an adjustment disorder, alcohol abuse, having marital problems and suffering from PTSD.  The applicant was evaluated and treated by competent medical authority.  The hospitalization summary indicates the applicant was being treated for PTSD as an outpatient for trauma sustained in Iraq while serving as combat medic.  After a brief hospitalization, he was no longer hostile or suspicious, had increased insight and was desirous of outpatient followup.  He was not considered suicidal, homicidal and was considered to be responsible for his actions.  He was strongly urged to remain abstinent from alcohol.  
       
       The record further shows that the mental status evaluation did not indicate that his condition was a contributing factor to his misconduct, but that he had the mental capacity to understand and participate in the administrative separation proceedings. 
       
       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.  
       
       In view of the foregoing the analyst determined that the characterization of service and reason for discharge 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 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, his entire medical record, VA letter and DD Form 214.

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























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 AR20090012638
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