Applicant Name:  ?????

Application Receipt Date: 2009/08/18	Prior Review:     Prior Review Date: 30 July 2008; Deny 5-0

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: PTSD/TBI affected ability to serve.

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: NIF
Discharge Received: 			   Date: 050105   Chapter: 14-12b      AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 1-22nd Inf Regt, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041104, on or about 17 October 2004, wrongfully had sexual intercourse with a married woman not his wife; on or about 17 October 2004, wrongfully provided alcoholic beverages to a minor; reduction to Private (E-1), forfeiture of $596.00 per month for two months, extra duty for 45 days, and restriction for 45 days (FG).

040616, ordered by a SFC not to use his cell phone while on duty, the applicant did, on or about 24 March 2004, fail to obey the order by wrongfully using his cell phone while on duty; extra duty for 14 days and restriction for 14 days (CG).  

030911, at or near Fort Hood, TX, on or about 6 September 2003 and 8 September 2003, without authority, the applicant failed to go at the time prescribed to his appointed place of duty; extra duty for 14 days, suspended, to be automatically remitted if not vacated by 10 December 2003, restriction for 14 days, suspended, to be automatically remitted if not vacated by 10 December 2003 (CG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020815    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 21Days ?????
Total Service:  		02 Yrs, 04Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 105   EDU: HS GRAD   Overseas: SWA   Combat: Iraq (Dates not in file)
Decorations/Awards: GWOTSM, NDSM, ASR, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 20 December 2004, 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 receiving a Summarized Article 15 for failure to report at the time prescribed; receiving a Company Grade Article 15 for disobeying a lawful order from a SFC; receiving a Field Grade Article 15 for wrongfully having sexual intercourse with a woman not his wife, and providing alcoholic beverages to a minor; he was counseled numerous times for failure to report at the time prescribed, as well as, failure to pay just debts, a substandard uniform, sleeping while on guard duty in Iraq, and failure to obey lawful orders, 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 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 commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  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 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 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 the former Soldier’s service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of 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 record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  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: 22 June 2010         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: Applicant's mother 

Exhibits Submitted: Military Medical Records (18 pages).

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090014951
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