Applicant Name:  ?????

Application Receipt Date: 2009/11/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  “When one serves in battle in the United States Army, honor is forged in that service. It is in recognition of my service that I am requesting an Honorable Discharge. I provide the following examples of my service.  I have recently completed over four years of service on a three and a half year contract. During this extended service I served in the 3rd Brigade of the 25th Infantry Division. It was during this time I began to experience emotions and actions that I could not explain. Although Stop-Iossed and prepared to deploy with my unit, I was diagnosed with mixed disturbances of emotion and conduct and I would not be able to be deployed.  At the start of my enlistment, I was part of 2nd Brigade of the 25th Infantry Division. I volunteered to deploy for fifteen months to Iraq for OIF 5 with the 3rd Brigade of the 25th Infantry Division. I volunteered freely in recognition of the time left for my service on my contract. While serving as a 63B Mechanic, I participated in numerous missions during my deployment. I earned a Combat Action Badge and ARCOM during that time. I learned what honor is as it was displayed by each and every soldier, day in and day out on every mission they undertook. I tried to emulate this example during my service.  Upon discharging from the U.S. Army at Schofield Barracks, HI, I began clearing on a Medical Discharge for a Readjustment Disorder with Mixed Emotions (PTSD). Towards the end of my out-process, my discharge was changed to a General under Honorable conditions for Patterns of Misconduct. This was due to one Field Grade Article 15 that took place prior to Medical Diagnosis. I believe this behavior was caused by PTSD.  It is my intention to utilize the values and skills that my service has taught me to further my education with the Montgomery G.I. Bill and to be able to serve my country in another means. In recognition of my service and intentions, I respectfully request an Honorable Discharge.”

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: 081217
Discharge Received: 			   Date: 090126   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Det, 325th CS Bn, Schofield Bks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080910, while assigned to FOB Seattle, Iraq, disrespected an NCO on two occasions (080822), reduction to E-3, forfeiture of $400 for two months, 45 days of extra duty and 45 days of restriction (suspended)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050406    Current ENL Term: 3 Years  23 weeks
Current ENL Service: 	03 Yrs, 09Mos, 21Days ?????
Total Service:  		03 Yrs, 09Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63B10/Wheel Vehicle Mechanic   GT: 90   EDU: HS Grad   Overseas: SWA, Hawaii   Combat: Iraq (060805-070930)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR, OSR-2

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 17 December 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 failure to go at the time prescribed to his appointed place of duty (081030), being disrespectful in language to an NCO on four different occasions (twice on 080822, on 080202 and on 070329), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 17 December 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, submitted 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 8 January 2009, the separation authority waived further rehabilitative efforts and directed 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 he submitted, 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his repeated incidents of misconduct, the applicant diminished the quality of his 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.  
       
       He contends that he has Post Traumatic Stress Disorder and this contributed to his behavior that caused him to be discharged.  However, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  The record shows that the applicant was mentally responsible and able to distinguish right from wrong and to adhere to the right, and had the mental capacity to understand and participate in administrative board proceedings. The applicant was psychiatrically cleared for any administrative action deemed appropriate by the Command.
       
       Further, 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.
       
       In view of the foregoing, 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: 18 August 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: A self-authored statement, four character reference letters in support of his request, Orders for a Combat Action Badge, separation documents, marriage license, and DD Form 214.

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 1    No change 4
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 AR20090020104
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