Applicant Name:  ?????

Application Receipt Date: 2009/12/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am requesting a change in Discharge .Characterization received during my separation from the United States Army in November 2008. I [redacted] served in The United States Army from November 2005 until my recent release in November 20OS. When I re-enlisted in November 2007 at which time I had anticipated in completing my full term of duty until I became ill. I was hospitalized in 2008 for Post Traumatic Stress Disorder and Anxiety while in the military. After feeling depressed and suicidal, I felt I was having a nervous breakdown, so I went to see a psychiatrist. I was hospitalized for a week. After being hospitalized, I was on medication for insomnia, depression and anxiety. I remained depressed and unable to sleep. These medications did get me to
sleep, but only for short periods of time. I remained asleep for fifteen minutes at a time. Due to exhaustion an
anxiety, my behavior became very irrational, illogical, and bizarre. I was very suicidal, and my memory was very
poor, I believed I was loosing my mind. I found myself doing things I would have never done had I been In my right
state of mind. I couldn't make Physical Training on time. Due this behavior I was demoted and relieved from my
duties as 42A with a discharge of Pattern of Misconduct (Under Honorable Conditions (General), instead of a
Honorable or Medical Discharge.  My plan was to make the military a career, but in my frame of mind there was no way I could forefeel my duties. I did forefeel the first half of my second enlistment period of one year and had no intentions of not forefeeling the second half of my obligation to The United States Army, before this happened to me. Since my discharge I have been diagnosed with Post Traumatic Stress Disorder with depression by Veterans Affairs, and have been under doctors care for this disorder. Managing my life has been very difficult since discharge. My
concentration is still poor, I have difficulty conducting business. Simple task are difficult, I have sudden outburst of
anger, difficulty sleeping, and thoughts of suicide and have tried to kill myself once since my release. I attend
groups every week to help me sort though my thoughts, and have to see the psychiatrist on regular bases, at least
once a week. I have to take anti-depressants, and anti-anxiety medications for the rest of my life. I get very startled
from the simplest sounds. My family and friends thinks I am crazy because of my constant outbursts of anger for
no reason. , can't be a normal person anymore. I still suffer with multiple physical problems such as; Seborrheic
Dermatitis of the scalp, Lumbar spine strain (upper and lower back), right ankle arthritis, headaches, insomnia,
anxiety, depression, and occasional fevers for no reason, and have colds constantly. life has been very difficult to
manage. My mother has helped me with simple tasks, because I can't remember things. What kind of man has to
have his mother to help him with things they feel they should be able to do? In providing this information and
documentation; I hope this is reason for you to grant me the up-grade of Honorable Discharge. Please see all
attached documents (8) to support my request."

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: 081022
Discharge Received: 			   Date: 081125   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC STB, 1st AD, Fort Bliss, TX 

Time Lost: 1 day, AWOL (081125-081125), returned to unit.

Article 15s (Charges/Dates/Punishment): 080813, failure to report on three occasions (080622, 080703, 080721), disobeyed the lawful order of an NCO (080722), reduction to E-1 (supended), forfeiture of $314 (suspended), 14 days of extra duty and restriction (CG)

080514, failure to report on two occasions 080417, 080418), disobeyed the lawful order of an NCO (080410), disrespectful in language towards an NCO (080411), with intent to deceive provided a false statement (080414), reduction to E-2, forfeiture of $700 for two months (one month suspended), 21 days of extra duty (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 071102    Current ENL Term: 6 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 23Days ?????
Total Service:  		03 Yrs, 00Mos, 16Days ?????
Previous Discharges: 	RA 051109-071101/HD (Immediate Reenlistment)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Spc   GT: 97   EDU: HS Grad   Overseas: SWA   Combat: Iraq (061031-071222)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM W/CS, asr, osr

V.  Post-Discharge Activity
City, State:  South Holland, IL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 October 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 failing to report to his designated place of duty on three occasions (080703, 080721, 080722), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 12 November 2008, 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 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 21 November 2008, 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 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 the repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a general or a fully honorable discharge.  
       
       The applicant contends that his undiagnosed PTSD led him to commit all the acts of misconduct.  However, the record shows that prior to his discharge he was evaluated by competent medical authority and he found no evidence of any mental disease or defect, which would warrant a disposition through medical/psychiatric channels. Further, the psychiatrist stated that the applicant reported no suicidal or homicidal thoughts at the time and he cleared the applicant for any administrative action deemed appropriate by command.   
       
       Further, the analyst acknowledges the applicant's medical issues and diagnosis of PTSD outlined in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that this medical conditions 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 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.  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.  
       
       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: 1 September 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: VA diagnosis and allied medical documentation related to the applicant's PTSD.























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 AR20100000441
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