Applicant Name:  ?????

Application Receipt Date: 2009/08/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: PTSD and Post Service.  The applicant states:  "After returning from Iraq I had issues adjusting back due to traumatic events that happened. I didn't seek mental health, and after discharge I was diagnosed with PTSD as well as Alcoholism. I have completed in-patient programs with the VA and now lead a healthy and normal life. After my service I worked with numerous defense contracting companys and excelled. I am now back in Houston and trying to put everything back together and hopefully having my discharge will help complete that. I distinguished myself in Iraq when I saved a US Contractors life after a shooting that occured. I would one day like to be given the honor of serving my country again, and I believe with my upgrade I would be able to. I am attaching documents supporting my claims, and I hope the board will rule in my favor and grant me an Honorable discharge in which I believe I truly deserve.

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: 050920
Discharge Received: 			   Date: 050929   Chapter: 14-12b       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHD, 39th Transportation Co, Kaiserslautern, GE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): The unit commander's memorandum of notification indicates the applicant received a field grade Article 15 on 1 November 2004, for drunken driving and was reduced to PV2/E-2.  The Article 15 is not contained in the OMPF.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 031001    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 29Days ?????
Total Service:  		02 Yrs, 05Mos, 19Days ?????
Previous Discharges: 	USAR 021028-040301/HD (Concurrent Service)
                                       IADT 021119-030404/UNC (Concurrent Service)
                                       OAD 030414-030517/HD (Concurrent Service)
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88N10/Traffic Control Mgt Spc   GT: 107   EDU: HS Grad   Overseas: Germany, SWA   Combat: Iraq (031215-041214)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, AFRM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Deer Park, TX
Post Service Accomplishments: Completed in-patient program for substance abuse.  Applicant states he now leads a normal life and has worked for defense contractors.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 September 2005, 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 misconduct—for being counseled on several occasions for failure to report, failure to obey lawful orders, breaking restriction, drunken driving, and for receiving an Article and a GOMOR, with a general, under honorable conditions discharge.  He was advised of his rights.  On 21 September 2005, the applicant waived his right to 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 Army 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 23 September 2005, 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 record contains a Military Police Report dated 15 July 2005 and a GOMOR dated 22 July 2005.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation 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, and the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  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.  Before initiating action to separate him from the Army, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The analyst noted the command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier.  The evidence of record establishes the applicant was afforded a reasonable opportunity to overcome the noted deficiencies through counseling, UCMJ action, and referral to the ASAP program.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.  
       
       Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the diagnosis of PTSD outlined in documents with his application.  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.  
       
       Furthermore, the applicant requests the reason for his discharge be changed.  However, the record shows he was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct” and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       Therefore, 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: 5 May 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: VA Certificate of ROVER Program completion, DD Form 214, incident citation, letter of recommendation, and VA Letter of PTSD disability determination.

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 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: 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 AR20090013384
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