Applicant Name:  ?????

Application Receipt Date: 2009/09/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect he was not able to function properly because of his medical condition.  He provides documents that indicate he was diagnosed with PTSD.  For this reasons, he was most likely than not, unable to function as a normal Soldier.  

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: 081202   Chapter: 13    AR: 135-178
Reason: Unsatisfactory Participation	   RE:     SPD: NIF   Unit/Location: A Co, 983d EN Bn, Monclova, OH 

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:  25
Current ENL Date: 060905    Current ENL Term: 3 Years  Remaining Service Obligation
Current ENL Service: 	02 Yrs, 02Mos, 27Days ?????
Total Service:  		09 Yrs, 06Mos, 21Days ?????
Previous Discharges: 	RA 010309-030904/HD
                                       RA 030905-060904/HD
                                       ARNG 990512-010307/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92A10/Autom Log Spc   GT: 101   EDU: HS Grad   Overseas: SWA   Combat: Iraq (040516-040713)
Decorations/Awards: NDSM, AGCM, GWOTSM, HSM, ICM, AAM (Not on DD Form 214)

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 on 6 November 2008, DA, HQS, 416th Theater Engineer Command, Darien, IL, Orders number 08-311-00008, discharged the applicant from the Army Reserve, effective 2 December 2008, 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 available records for the period of enlistment under review, 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 record indicates that on 6 November 2008, DA, HQS, 416th Theater Engineer Command, Darien, IL, Orders number 08-311-00008, discharged the applicant from the Army Reserve, effective 2 December 2008, with an under other than honorable conditions discharge.  
       
       All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process.  
       
       The applicant contends that he was suffering from post traumatic stress disorder (PTSD) which caused him not to be able to function properly as a Soldier.  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 analyst concluded that just because someone is suffering from PTSD does not mean that they don't know the difference between right and wrong or that they do not have control over their behavior.  There are many Soldiers with the same condition that complete their service successfully.  The applicant had many legitimate avenues through which to obtain assistance or relief, without becoming an unsatisfactory participant by missing scheduled drills or not answering the call to duty.  
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 21 July 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: VFW Counselor.

Witnesses/Observers: NA 

Exhibits Submitted: VFW letter dated 27 August 2010, letter of diagnosis, DD Form 214, and discharge orders.

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 AR20090016312
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