Applicant Name:  ?????

Application Receipt Date: 2010/01/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states through legal counsel: "The applicant should have received a disability discharge after Army doctors diagnosed him with Post Traumatic Stress Disorder; the applicant's summary court-martial proceedings and administrative discharge proceedings were improper and unfair; and the discharge was based upon alcohol-related conduct, which is impermissible."

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: 060110
Discharge Received: 			   Date: 060414   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Med Holdover Co, Walter Reed, DC 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 031307/OAD    Current ENL Term: NIF Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 08Days Records show that the applicant was retained on active duty twice under the provision of Section 12301(D) Title 10 United States Code, (041013 and 051020). 
Total Service:  		05 Yrs, 05Mos, 14Days ?????
Previous Discharges: 	USAR-001030-030717/NA
                                       ADT-030718-031109/HD
                                       USAR-031110-031206/NA
                                       (Concurrent Service)
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Op   GT: 87   EDU: NIF   Overseas: Southwest Asia   Combat: Iraq (Period of service not found in the available records).
Decorations/Awards: PH, NDSM, GWOTSM, GWOTEM, ASR, CAB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None Listed








VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 10 January 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c and paragraph 14-5, AR 635-200, by reason of misconduct—commission of a serious offense and conviction by civil court for having assaulted a female, violation of a no contact order issued by a commissioned officer, numerous failures to be at his appointed place of duty, having been found guilty by a Maryland court for assaulting a female and receiving a sentence in excess of 6 months or was convicted of a crime which is punishable by a punitive discharge by the Manual for Courts Martial, with an under other than honorable conditions discharge.
       
       He was advised of his rights.  On 12 January 2006, the applicant consulted with legal counsel and voluntarily requested consideration of his case by an administrative separation board, and did not submit statement on his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.
       
       On 30 January 2006, the applicant was notified to appear before an administrative separation board and advised of his rights.  The administrative separation board convened.  The applicant's counsel appeared.  The board recommended the applicant be discharged with issuance of a character of service of under other than honorable conditions.
       
       On 7 April 2006, the separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
       
       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 general, under honorable conditions or 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 applicant contends through legal counsel that he should have received a disability discharge after Army doctors diagnosed him with Post Traumatic Stress Disorder.  The analyst noted that the applicant was diagnosed by competent medical authority of suffering with an adjustment disorder with mixed disturbance of emotions and conduct, Post Traumatic Stress Disorder (PTSD), Alcohol Abuse, Personality Disorder, NOS, and multiple fractures of right foot and that he was under medical care.  
       
       Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition like a Post Traumatic Stress Disorder solely to spare a Soldier who may have committed serious acts of misconduct.  Further, in review of the applicant's entire service record the analyst found that these medical conditions did not overcome the reason for discharge and characterization of service granted, the applicant fully understood the difference between right and wrong when he committed the misconduct that caused the unit commander to initiate the separation action.  
       
       Furthermore, the applicant contends that the summary court-martial proceedings and administrative discharge proceedings were improper and unfair.  However, the analyst is unable to determine whether these contentions have full merit because the facts and circumstances pertaining to the Summary Court-Martial Proceedings are not part of the available records.  As for the administrative discharge proceedings being improper and unfair, the analyst found no evidence of arbitrary or capricious actions by the command.
       
       Further, the applicant makes reference to his discharge having been based upon alcohol-related conduct, which was impermissible.  However, records show that separation action was initiated under the provisions of Chapter 14, paragraph 14-12c and paragraph 14-5, AR 635-200, by reason of misconduct—commission of a serious offense and conviction by civil court for having assaulted a female, violation of a no contact order issued by a commissioned officer, and numerous failures to be at his appointed place of duty.  
       
       The analyst noted the applicant's in-service accomplishment, 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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 
       
       In view of the foregoing, the analyst determined that the applicant's 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: 7 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, Brief in support of the applicant's application for the review of discharge from the Armed Forces of the United States (19 pages), Medical evaluation board summary documents, documents reference the applicant's VA Claims, discharge packet to include administrative board summary of proceedings (37 pages), and DD Form 214 for the period of service under review and two periods of active duty service.

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 AR20100008070
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