Applicant Name:  ?????

Application Receipt Date: 2009/12/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states in effect that he is a 16-year veteran who deployed over four times before the stressors of the OPTEMPO became apparent in his daily judgment.  He served honorably until the DUI and this incident diminished his already failing ability to lead by example.  He feels his chain of command resented the fact he was going to be discharged under the provisions of chapter 5-17 because of his PTSD as recommended by the doctors.  Given his 16 years of honorable service he requests consideration for a change to his characterization, reason for separation, separation code and his reentry code.

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: 080312
Discharge Received: 			   Date: 080521   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Rear Det, 82d EN Co, Schofield Bks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050817, DWI (050320), failure to report (050725), reduction to E-5, forfeiture of $1,225 disbursed over three pay periods, 45 days of extra duty (FG)

071202, wrongfully have sex with a specialist,  a woman not his wife (070617), reduction to E-5, forfeiture of $1,275, 45 days of extra duty and restriction (FG)

080213, failure to report on two occasions (080107, 080128), disobeyed the lawful order of an NCO on two occasions (071215, 080105), dereliction of duty by failing to supervise other Soldiers during extra duty (080118-080121), reduction to E-4, forfeiture of $1,062 for two months (1 month suspended), 45 days of extra duty and restriction (FG)

080409, wrongfully operate a vehicle (080313) without a valid driver’s license, without registration, without insurance and with an expired safety inspection, disobeyed the lawful order of an NCO (080401), reduction to E-1, forfeiture of %673 for two months (suspended), 45 days of extra duty and restriction (FG)

Courts-Martial (Charges/Dates/Punishment): ?????

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 030617    Current ENL Term: INDEF Years  ?????
Current ENL Service: 	04 Yrs, 11Mos, 14Days ?????
Total Service:  		16 Yrs, 06Mos, 10Days ?????
Previous Discharges: 	RA 911112-950813/HD     RA 950814-961219/HD
                                       RA 961220-000418/HD     RA 000419-030616/HD
Highest Grade: E-6(P)		Performance Ratings Available: Yes    No 
MOS: 68W10/Health Care Spc   GT: 104   EDU: 2 YR COLL   Overseas: Italy, Germany, Bosnia, SWA           Combat: Iraq (061204-070205), Afghanistan (040415-050315)
Decorations/Awards: BSM, ARCOM, AAM, AGCM-4, NDSM, AFEM, GWOTEM, GWOTSM, NM-2, NCOPDR-2, OSR-4, ASR

V.  Post-Discharge Activity
City, State:  Nashville, TN
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct for the commission of a serious offense, specifically for failure to report on two occasions, disobeying the lawful order of an NCO on two occasions, dereliction of duty (080118-080121), and wrongfully having sex with a woman not his wife (070617), with an under other than honorable conditions discharge.  He was advised of his rights.
         
       On 29 April 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army with a general, under honorable conditions discharge and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 30 April 2008, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record contains a General Officer Memorandum of Reprimand dated 16 August 2005 and two Military Police Reports dated 22 March 2005 and 15 August 2005. 

       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 which would merit an upgrade of the applicant's discharge.  
       
       The analyst determined that 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 his service below that meriting a fully honorable discharge.  
       
       The applicant contends that his misconduct and clouded judgment was the result of his PTSD but provided no independent medical evidence or other corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated his misconduct or poor duty performance.  The applicant’s record was void of any evidence of PTSD or injuries sustained by the applicant while in combat and the applicant did not provide any corroborating evidence of the aforementioned medical issues.  He provided some medical documents that indicate he was being treated for depression and was admitted into a VA program from 6 July to 28 August 2009, however, this was not a diagnosis but a letter of participation.
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review.  However, this service was determined not to be sufficiently meritorious to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       Further, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       Finally, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct-serious offense with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)” and the separation code is "JKQ” and a reentry code of “3.”  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       Therefore, the analyst determined 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: 25 August 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Memorandum for record (080409), VA Letter dated 6 July 2009, NCOER, Bronze Star Medal certificate.

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 AR20090020889
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