Applicant Name:  ?????

Application Receipt Date: 2009/09/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "Due to after being discharged from the U.S. Army I later was diagnoised with PTSD, (VA Medical Center, Nashville Tennessee); it became clear that my actions as a soldier was not the normal of myself.  I was discharged for patterns of misconduct, and I remorsefully regret those actions. Now that I am a civilian seeking help for my illness, I aspire to futher my education and seek gainful employmnet, and it is in my best intrest that I recieve a change in my discharge status.  I humblely ask that this change in status be granted."

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: 081102
Discharge Received: 			   Date: 090105   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHB, 4-42 FA Bn, FOB Prosperity, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080730, disobeyed the lawful order of an NCO on three occasions (080626, 080711, 080720), disobeyed the lawful order of a commissioned officer (080711), with intent to deceive provided a false statement (080720), violated General Order Number 1 (080720), was disrespectful in language and deportment towards an NCO (080720), reduction to E-1, forfeiture of $675 for two months, 45 days of restriction and extra duty (FG).

081020, while at FOB Prosperity, Iraq, violated General Order Number 1 by wrongfully consuming alcohol (081009, 080622), wrongful possession of alcohol and prescription medications (081013), forfeiture of $678 for two months, 45 days of restriction and extra duty (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: 070502    Current ENL Term: 3 Years  19 weeks
Current ENL Service: 	01 Yrs, 08Mos, 04Days ?????
Total Service:  		01 Yrs, 08Mos, 04Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92Y10/Unit Supply Spc   GT: 87   EDU: HS EQ   Overseas: SWA   Combat: Iraq (080316-081127)
Decorations/Awards: NDSM, ASR

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 2 November 2008, 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 receiving two field grade Articles 15 for disobeying lawful orders from NCOs, disobeying a lawful order from a commissioned officer, for being disrespectful to an NCO, for wrongfully having a male interpreter in your living quarters, for possessing and using alcoholic beverages in violation of General Order Number 1, providing false statements, possession of a prescription medication without a valid prescription, with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 5 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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.  
       
       The document from the separation authority directing that the applicant be discharged with a characterization of service of general, under honorable conditions is not contained in the available record and the analyst presumed government regularity in the discharge process.

       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 submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that the applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By her repeated incidents of misconduct, the applicant diminished the quality of her 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.  
       
       She contends that she was diagnosed with PTSD after leaving the Army.  However, 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.  The analyst concluded that just because the applicant claims to be suffering from PTSD does not mean that she did not know the difference between right and wrong or that she did not have control over her behavior.  There are many Soldiers with the same condition that complete their service successfully.  
       
       Furthermore, 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 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: 16 July 2010         Location: Washington, D.C.

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

















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 AR20090015495
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