Applicant Name:  ?????

Application Receipt Date: 2009/07/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant in effects states that medical problems impaired his ability to serve and he suffered from PTSD.  As he was discharged for mental health reasons  with no other misconduct, he states that he should have received an Honorable 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: 070621
Discharge Received: 			   Date: 070719   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFW   Unit/Location: Rear Det, 1-40th CAV, Ft. Richardson, AK 

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: 050119    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 06Mos, 01Days ?????
Total Service:  		02 Yrs, 06Mos, 01Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 25U10/Signal Support Specialist   GT: 117   EDU: 2 yr. Asso. Degree   Overseas: Alaska, SWA   Combat: Iraq (061006-070210)
Decorations/Awards: AAM X2, NDSM, GWOTSM, ICM, ASR, OSR X2

V.  Post-Discharge Activity
City, State:  Austin, TX
Post Service Accomplishments: None provided by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       On 21 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability with a general, under honorable conditions discharge for post traumatic stress disorder (PTSD) and acute stress disorder and has manifested a long-standing disorder of character behavior and adaptability that is of such severity so as to preclude adequate military service. On 5 July 2007, the applicant signed a memorandum, in which he understood that he was receiveing a general, under honorable conditions due to his AWOL and missing movement. He was advised of his rights.  
       
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Service.     The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 6 July 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The events leading to the applicant's separation began while on emergency leave from Iraq (11 Feb - 1 Mar 2007).  On 23 February 2007 the applicant went to the emergency room at Seaton Hospital in Austin, TX. On  24 February 2007, the applicant was self-referred to the Loral Ridge Treatment Center in San Antonio, TX for post traumatic stress disorder.  He was due to begin movement back to Iraq on 28 February 2007. On 1 March 2007, the applicant's mother contacted the rear detachment in Fort Richardson, AK, and notified military authorities of the applicant's whereabouts.  The rear detachment contacted the applicant and directed him to return to Iraq or seek treatment at a military facility.  The applicant informed the rear detachment that he had self referred to the Loral Ridge facility while at the emergency room and "just could not return to Iraq, was a conscientious objector and did not feel that the United States should have military forces in Iraq because too many soldiers were being killed."  The applicant was informed he had missed movement and was AWOL. The applicant falsely stated he had authorization to remain. The applicant's unit flagged the applicant for adverse action on 1 March 2007.  The applicant missed movement, failed to follow a direct order, was AWOL and lied to a commissioned officer.  The unit indicated the applicant was being processed out of the military under Chapter 14-12c (MFR dated 070501). The report of mental status evaluation (070502) concluded the applicant met retention standards and there was no evidence of emotional or mental condition of sufficient severity to warrant disposition through medical channels.  The applicant's chain of command did not believe the the applicant had PTSD claim at the time he was deployed to Iraq as he never left the Forward Operating Base and was never in any direct or indirect contact with the enemy.  Instead, he was assigned to an office job (MFR dated 070312). The community mental health evaluation, while stipulating that the applicant suffered from acute stress disorder, believed the applicant was trying to manipulate the system for his own personal benefit (MFR dated 070425). The company commander (MFR dated 070312) states his belief that the applicant was only seeking care from a medical facility to become non-deployable and not have to return to his unit in Iraq.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which interferes with assignment to or performance of duty.  The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in his/her service that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records for the period of enlistment under review and the issue and documents he submitted, the analyst determined that the characterization of service was proper and equitable.
        
       The applicant provided a document which indicates the unit commander notified him of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition.  Specifically due to the applicant’s disorders manifesting disturbance of perception, thinking, emotional control or behavior that were so severe that his ability to perform his military duties were impaired.  The unit commander recommended a general, under honorable conditions discharge.  
       
       Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his service record that warrants such a characterization, using the notification procedure.  The record contains a 5 July 2007 memorandum signed by the applicant, stating that he fully understood that he was receiving a general, under honorable conditions due to his AWOL and missing movement. 
       
       Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       Therefore, the analyst determined 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: 26 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Self-authored statement, DD Form 214, DA Form 738, Laurel Ridge medical records, and Brooke AMC medical records.

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: No Change
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 AR20090012845
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