Applicant Name:  ?????

Application Receipt Date: 2010/01/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am requesting an upgrade from General UHC Discharge to an Honorable Discharge under the inequity provision of Discharge Review Boards.  My unit received notification of a pending deployment to Iraq to support Operation Iraqi Freedom in November 2008. During this time, I was undergoing a very stressful period in my life. I was pending a divorce and was also under Stop-Loss provisions causing me to be involuntarily extended on active duty. In all, I was extended for five months past my original ETS date. I had already been successful in my first two deployments during OIF I & OIF II and was not looking forward to this third deployment given the marital disputes, Stop-Loss status and pre-deployment train up. As for the deployment, my mind was in no shape to go through it again. Unable to deal with the pressure any longer and unable to cope on my own, I contacted the Fort Hood Chaplain for help. He then directed me to contact the 303 MI Bn chaplain who was my unit chaplain for counseling and guidance. While I was talking to my Bn chaplain, I identified my unit my location and myself. I knew that this information was critical in order to receive the help I was reaching out for. During the conversation, I indicated that I might harm myself and that I was not a danger to others. A few hours after my phone conversation with my chaplain, my chain of command came to my off-post residence with members of the Police Department. At the time, tension in the Fort Hood area was really high, there had been cases recently where soldiers attacked their chain of command when the command visited the soldier at their off-post quarters. Because of these recent incidents, my chain of command falsely and irresponsibly stated that I threatened to harm others in order to justify a police escort.  I absolutely never ever made any such comments to the chaplain, others or my chain of command. Later that night, my commander escorted me to the Hospital and admitted me under a Command Referral for a psychiatric evaluation. I was found to be suffering from an Adjustment Disorder, Chronic Anxiety and a mild Traumatic Brain Injury. At Darnell, I was kept under 24-hour observation for a total of eight days. During this time, my unit deployed and I was left in the rear detachment. Once my unit arrived in country, they called the rear detachment command and told them that they did not want or need me in Iraq.  As most rear detachments, mine was horrible. The rear detachment commander had a chip on his shoulder and was upset because he also wasn't needed or wanted in Iraq, therefore was chosen to stay behind even though he wanted to deploy. The rear detachment thought I was malingering for going to the hospital and asking the chaplain for help. Immediately following the time I got out of the hospital, to the time I was discharged from the Army, I was treated like a criminal. The command enacted a set of restrictions and started to "build a paper trail". Some of their degrading actions included having me sleep in substandard living accommodations. I was forced to sleep in a freezing brigade dayroom that had no curtains or anything to cover the windows. I had no privacy from anybody that wanted to walk by and see how I lived. The couch that I slept on was absolutely disgusting; it was stained from years of use. I was told that if I didn't like the couch, then my other option was to sleep on the tile floor. The command rendered Statements of Counseling and Non-Judicial Punishment via an Article 15. The Statements of Counseling’s included these accusations:

1. Lying to a Commissioned Officer
2. Making Homicidal Threats
3. Missing Movement
Their rational included:
1. I lied to the Chaplain telling him that I was in San Antonio instead of Killeen
2. I was accused of threatening others in my unit
3. Missing movement

My response is:
1. If my intent were to lie to the Chaplain, I never would have told his whom I was, where I worked or anything else. I was completely honest because I was reaching out for help. I had other ways to seek help but I chose one that I felt had my best interests in mind. I come to see that I was mistaken.  2. I told the chaplain that I intended on doing harm to only myself. Normally these types of situations get blown out of proportion depending on how many times the story of retold. Plus, the command climate at Fort Hood on the subject of suicide and suicide prevention was very high due to the high number of suicides that have happened at Fort Hood.  3. I missed movement because my unit Commander escorted me to the hospital and directed a Command Referral Psychiatric Evaluation that lasted eight days at Darnell Army Hospital.  After reading the sworn statements of the people involved, the Lieutenant Colonel in charge saw the blatant obvious and tried to correct the unit commander’s accusations. The LTC stated that I had no intent to deceive the chaplain otherwise I wouldn't have given so much information, the threats were unjustified and he also saw that I missed movement due to actions taken by somebody else.  The rear and forward chain of command were determined separate me from the Army no matter what they had to do. The rear detachment used the Missing Movement as grounds to discharge me under Chapter 14.  After I consulted Judge Advocate General Trial Defense, a call was made to the rear detachment commander to state that there weren't any grounds to discharge under Chapter 14. My psych doctor also recommended that I not be discharged under Chapter 14, but rather a Medical Review Board since I did have a TBI and an Adjustment Disorder with Chronic Anxiety. The rear detachment commander stated to me, in his office, that these were just suggestions and that he made the final decision. He also stated that I wasn't going to get off the hook so easy. The rear detachment commander disregarded all advice and suggestions given to him. He refused to see what was really going on and pushed forward with his malicious plan to ruin what was left of my military career. He told me not to worry, that I can always get the discharge upgraded. He knew that what he was doing was wrong. I had options to fight the discharge, but I wasn't in the right state of mind to do so. The chain of command knew my condition and took full advantage of it. They backed me up against the wall and left me no choice but to go along with the General Discharge even when I knew in my heart that it was wrong.  Attached are NCOERs that show I excelled in all aspects of my job prior to the last instance where I called my chaplain for help. I also earned four Good Conduct Medals, my ERE shows two, but I only have orders for one. Now it is DOD policy not to discharge service members for misconduct (serious offense) if they suffer from PTSD or TBI.  The VA has rated me as having a 30% disability due to my PTSD. All of this was present at the time of separation and was quite obvious to anyone in the chain of command who was responsible enough to conduct a thorough evaluation of a soldier. This did not happen because in the MI battalion, I was treated like a second class soldier since I did not maintain an MI MOS.  In closing, I know and feel that my rear detachment chain of command showed total disregard for what is right and made an absolute unjust decision by discharging me with General UHC. My military career lasted twelve long, hard, Honorable years and I feel that I deserve a discharge that reflects that."

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: 090109
Discharge Received: 			   Date: 090206   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Rear Det, 303d MI Bn, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081205, missed movement (081109), with intent to deceive provided a false statement (081108),  communicated a threat to kill as many people as he could, reduction to E-4, forfeiture of $1,067 per month for two months (suspended), 45 days of extra duty and restriction (suspended) (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 991119    Current ENL Term: NIF Years  ?????
Current ENL Service: 	09 Yrs, 02Mos, 27Days ?????
Total Service:  		12 Yrs, 02Mos, 14Days ?????
Previous Discharges: 	RA 961119-991118/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 25Q10/Multichannel Trans Opr   GT: 108   EDU: GED   Overseas: Germany, SWA   Combat: Iraq (030311-040310 and 050126-060125)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ICM w/CS, AGCM, ASR, OSR-2, NCOPDR

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 9 January 2009, 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—commission of a serious offense, for missing movement through design, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 12 January 2009, 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 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 15 January 2009, 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 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 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 negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims stress at home caused by his impending divorce resulted in his discharge.  However, while the applicant may believe his stress at home and impending divorce were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
       Furthermore, the analyst acknowledges the applicant's transition to civilian life and noted the 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 condition 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.  
       
       Finally, 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.  He was extended past his ETS due to the Stop-Loss program that affected many Soldiers during the contingency operations period for the wars in Iraq and Afghanistan.
       
       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: 8 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, ERB, medical diagnosis, awards, a self-authored statement, NCOERs, sworn statements.

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 AR20100007063
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