Applicant Name:  ?????

Application Receipt Date: 2009/07/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 081217
Discharge Received: 			   Date: 090107   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 2/5th Cav, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081205, Missing movement on or about (081002); failure to go at the time prescribed to his appointed place of duty (081027); and drunk on duty (081121), reduction to E4, forfeiture of $974.00 pay per month for two months, and 45 days extra duty, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050823    Current ENL Term: 03 Years  17 Weeks.  The applicant Enlisted Record Brief (ERB) shows that the applicant has a ETS date of 16 March 2013, however, the record is void of an additional documents in support of this enlistment. 
Current ENL Service: 	03 Yrs, 04Mos, 15Days ?????
Total Service:  		03 Yrs, 04Mos, 15Days ?????
Previous Discharges: 	None
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 115   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (061029-080113)
Decorations/Awards: ARCOM, NDSM, ICM (w/CS), ASR, OSR, CIB

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 December 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct—pattern of misconduct for receiving a Field Grade Article 15, 5 December 2008 for missing movement, failure to report and drunk on duty; receiving a General Officer Memorandum of Reprimand 25 July 2008 for DUI; and being arrested for theft of property on 29 August 2008, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 19 December 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant record contains a Military Police Report dated 29 June 2008 and a General Officer's Memorandum of Reprimand dated 25 July 2008 for driving while intoxicated 29 June 2008 in Killen TX with a breath alcohol content of 0.118.

       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.  Furthermore, the analyst noted the applicant's issues; however, the analyst determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  Further, the analyst noted that the applicant was diagnosed by competent medical authority and the Report of Mental Status Evaluation date 25 November 2008, indicates that "Although the applicant was and is mentally responsible for his action, it is felt that the Post Traumatic Stress symptoms and Traumatic Brain Injury (TBI) diagnosis contributed to his behavior", however, paragraph 3 of the Report of Mental Status Evaluation, shows that the applicant was recommendated for continued processing under the provision of Chapter 14, AR 635-200, but may also qualify for further consideration under Chapter 5, paragraph 17.  Although, the Report of Mental Status Evaluation recommendation includes the option for the command to consider Chapter 5-17, applicable Army Regulation states that such disposition is required if the Soldier has an incapacitating physical or mental illness that was the direct substantial contributing cause of the conduct, and action under the UCMJ is not initiated.  The evidence of record shows that the applicant was given an Article 15 and was cited for various acts of misconduct, and was subsequently notified of commands intent to initiate separation action under the provision of Chapter 14, paragraph 12b, AR 635-200, by reason of misconduct—pattern of misconduct.   The analyst acknowledges the applicant's diagnosis of PTSD and TBI outlined in the Report of Mental Status Evaluation.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted, the applicant fully understood the difference between right and wrong when he committed the misconduct that caused the unit commander to initiate the separation action.  Additionally, in reference to the applicant's issue indicating he received hardly any help from his unit for his PTSD and TBI, the analyst found no evidence of arbitrary or capricious actions by the command.  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: 30 October 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090012925
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