Applicant Name:  ?????

Application Receipt Date: 2009/12/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Applicant believes his problems are related to PTSD. Applicant believes that his chain of command failed to get him help for his alcohol problem.

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: 080430
Discharge Received: 			   Date: 080516   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Forward Support Company, 54th En Bn, Bamberg, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070209, assault and battery (061126), drunk and disorderly (061126),  forfeiture of $396 (suspended), 14 days extra duty and restriction (CG).

071030, failed to be at place of duty(071009), reduction to E3 (suspended), forfeiture of $380 (suspended), 14 days extra duty and restriction (suspended)(CG).

080305, failed to be at place of duty(080118), departing place of duty without authorization(080119), forfeiture of $673x2, 30 days 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:  21
Current ENL Date: 051116    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 6Mos, 1Days ?????
Total Service:  		5 Yrs, 4Mos, 23Days ?????
Previous Discharges: 	ARNG 020828-051116 HD (concurrent IADT 021001-030306)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92G10  Food Service Operations Spc   GT: 88   EDU: HS Grad   Overseas: Germany, SWA   Combat: Iraq (060115-061024)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR(2nd awd)

V.  Post-Discharge Activity
City, State:  Montgomery, AL
Post Service Accomplishments: None provided by applicant.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 April 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 misconduct—for multiple Articles 15 and failure to respond to counseling statements demonstrating his inability to rehabilitate, with a general, under honorable conditions discharge.  He was advised of his rights.  On 6 May 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  12 May 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The record contains a Military Police report dated 26 November 2006.

       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 he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  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 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.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself  to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       Furthermore, the analyst noted the applicant's issue that he has Post Traumatic Stress Disorder; 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.
       
        Therefore, 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: 2010/04/19         Location: Atlanta GA

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: Yes 

Exhibits Submitted: 1. Proof of attending school, 2. PTSD pending letter, 3. PTSD medical record, 4. VA letter denying migraine headaches.

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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100000572
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