Applicant Name:  ?????

Application Receipt Date: 2010/01/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade of her discharge to fully honorable conditions. She contends that she was diagnosed with Post Traumatic Stress Disorder (PTSD) prior to deploying Iraq, continues to receive counseling and ongoing treatment.   Also, she relates serving her unit to the utmost of her ability and was awarded an AAM for her selfless service and professional excellence.

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: 070705
Discharge Received: 			   Date: 070801   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 104th HQ Det 11, Fort Riley, KS  

Time Lost: AWOL for 105 days (070129-070513), surrendered.

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070116/OAD    Current ENL Term: 00 Years  565 Days
Current ENL Service: 	00 Yrs, 03Mos, 01Days ?????
Total Service:  		06 Yrs, 02Mos, 07Days includes 76 days of excess leave (070518-070801)
Previous Discharges: 	USAR-010210-070115/NA
                                          (Concurrent Service)
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: ?????   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, AFRM-W/'M" DEV, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant submitted a document that shows she completed her master's degree and is a kindergarten school teacher.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 17 May 2007, the applicant was charged with AWOL (070129-070514).  On 17 May 2007, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser-included offense.
       
       Further, the applicant indicated that she understood that she could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant did not submit a statement in her own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. 
        
       On 16 July 2007, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record indicates that the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.  By the misconduct (AWOL ), the applicant diminished the quality of her service below that meriting a fully honorable discharge.  
       
       The applicant contends that she was she was diagnosed with PTSD prior to deploying Iraq, continues to receive counseling and ongoing treatment.  The analyst acknowledges the independent documents diagnosing the applicant with PTSD due to a longtime family situation.  However, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       The analyst noted the applicant's issue that she served her unit to the utmost of her ability and was awarded an AAM for her selfless service and professional excellence.  Careful consideration was given to her entire service record, to include her prior service, and the analyst found that this service was not  sufficiently meritorious to warrant an upgrade of the discharge under review.
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in the document with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.  
       
       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: 6 October 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (091228); Applicant's Statement; Letter, Portland Public Schools, dated (091013); two (2) Letters, Connection to Healing (Conexiones), dated (091030), (070122); DA Form 638 (Recommendation for Award), dated (030723); AAM Citation, dated (030816); and a DD Form 214, dated (070801). 

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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None

















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 AR20100001218
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