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:  "I request that the Board provide an equitable remedy to upgrade my general discharge from the Army because I was involuntarily removed from combat due to combat stress and PTSD.  When I returned to garrison, my Company leadership labeled me a malingerer, contrary to medical evidence, and embarked on egregious conduct in an effort to separate me from the Army."

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: 060719
Discharge Received: 			   Date: 060831   Chapter: 5-17    AR: 635-200
Reason: Condition Not a Disability	   RE:     SPD: JFV   Unit/Location: Rear Det, 1-502 IN Bn, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060719, disrespectful in deportment towards an NCO (060418), assaulting an NCO by threatening behavior (060418), disobeying the lawful order of a commissioned officer (060414), reduction to E-1, forfeiture of $636, 22 days of suspended extra duty and restriction (FG)

060424, disrespecting a commissioned officer by ignoring a direct order (060411), disrespecting an NCO (060407), disrespect in deportment to a commissioned officer (060407), reduction to E-2, forfeiture of $333 (suspended), 14 days of extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 041005    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 26Days ?????
Total Service:  		01 Yrs, 10Mos, 26Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 97   EDU: NIF   Overseas: SWA   Combat: Iraq (051001-060325)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, CIB

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 19 July 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability for being diagnosed by competent medical authority with post traumatic stress disorder, with a general, under honorable conditions discharge.  The specific reasons the unit commander cited for the recommended characterization were a pattern of behavior since being medically evacuated from Iraq, he received two Articles 15 for disrespect, disobeying orders and other offenses.  The applicant was advised of his rights.  
       
       On 14 July 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Service.  
       
       On 21 August 2006, the separation authority directed the applicant be discharged with a characterization of service of general, under honorable conditions. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which interferes with assignment to or performance of duty.  The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service record that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records for the period of enlistment under review and the issue and documents submitted with the application, the analyst recommends that relief be denied in this case.  
       
       A mental status evaluation by competent medical authority diagnosed the applicant with post traumatic stress disorder and a headache syndrome (possible TBI).  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in his service record that would warrant a general, under honorable conditions discharge.  The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The applicant contends that his PTSD caused his removal from combat and ultimately his misbehavior and discharge.  The analyst noted the diagnosis of PTSD outlined in the documents with his application and in his OMPF.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the characterization of service granted.  The applicant’s diagnosis (060710), indicates he had a clear thinking process, with normal thought content, and was mentally responsible.  Thus, the analyst concluded that just because he was suffering from PTSD does not mean that he did not know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.  By his repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       Therefore, the analyst determined the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 September 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Summary of facts of discharge, deployment history, PTSD diagnosis (060316), total of 13 exhibits including medical records, communications to company commander, DD Form 214, email, hand receipt, MP report, and copies of personnel record. 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 AR20090020911
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