Applicant Name:  ?????

Application Receipt Date: 2009/09/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Diagnosed by the VA with 100 percent disability for PTSD, was suffering from a mental health condition after his return from Iraq, requested to be placed in the IRR as a result of the VA determination of PTSD.

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: 090313   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NIF   Unit/Location: 312th EN Co, Duluth, MN 

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:  26
Current ENL Date: 050414    Current ENL Term: 6 Years  ?????
Current ENL Service: 	03 Yrs, 11Mos, 00Days ?????
Total Service:  		12 Yrs, 01Mos, 02Days ?????
Previous Discharges: 	USAR 970211-050413/HD
                                        IADT 970318-970626/UNC (Concurrent Service)
                                        OAD 030219-040416/HD (Concurrent Service)
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 21B10/ Combat Engineer   GT: 95   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030419-040304)
Decorations/Awards: ARCOM, ARCAM, NDSM, AFRM w/M Device, ASR, CAB

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 shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve.  The record indicates that 12 February 2009, DA HQS, 416th Theater Engineer Command, Darien, IL, Orders number 09-043-00037, discharged the applicant from the Army Reserve, effective 13 March 2009, with an under other than honorable conditions discharge.  The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions.   
       

       b.  Legal Basis for Separation:  
       Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the USAR.  Paragraph 13-1 of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant.   Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general discharge 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 recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  
       
       This recommendation was made after full consideration of his faithful and honorable service, as well as the former Soldier’s record of available evidence related to his unsatisfactory participation in the US Army Reserve.  
       
       The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's unsatisfactory participation is not condoned, the overall length and quality of the applicant's service and his combat service mitigated the discrediting entries in the service record.  The record shows the applicant served faithfully for over 12 years without any incidents of misconduct.  He answered the call to duty when he was activated to serve in Kuwait and Iraq from 19 March 2003 through 4 March 2004 where he was awarded the Combat Action Badge for actively engaging or being engaged by enemy fire on 5 June 2003.  He achieved the rank of sergeant and was also awarded the Army Commendation Medal in 2006.
       
       Additionally, the applicant has provided documentation from the Department of Veterans Affairs which indicates he was awarded 100 percent disability for Post Traumatic Stress Disorder (PTSD) and a depressive disorder.  Immediately upon receipt of the VA documents he requested to be transferred to the IRR due to his medical condition.  The results of his request are not contained in the record.
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. This action entails restoration of grade to E-5/SGT.
       
       Furthermore, the analyst noted the applicant's issue about being returned to the IRR does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board can be obtained online or from the Veterans Administration.  
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 May 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, VA decisional documents for award of PTSD, DA Form 4651, DD Form 214, letter from DOA, 416th Theater Engineer Command, U.S. Senate Letter of Recommendation dated 7 May 2010, applicant's release authorization dated 4 May 2010, and ARBA memorandum dated 18 May 2010.

VIII.  Board Discussion, Determination, and Recommendation
Notwithstanding the analyst’s recommendation and after examining the applicant’s record of service during the period of enlistment under review, the Board determined that the discharge was both proper and equitable and voted to deny relief.  The Board acknowledges the applicant’s diagnosis of post traumatic stress disorder (PTSD); however, the facts and circumstances leading to the applicant’s discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet this burden of proof since the evidence is not available in the official record.
        
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 AR20090015632
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