Applicant Name:  ?????

Application Receipt Date: 2010/02/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and supporting documents submitted by the applicant.

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: 090910
Discharge Received: 			   Date: 091030   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Co, 2-30 IN Bn, Fort Polk, LA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080821, while in Iraq, disrespectful to an NCO and disobeyed the lawful order of an NCO (080817), reduction to E-2 (suspended), forfeiture of $352 (suspended), 7 days of extra duty and restriction (CG).

090618, DWI (090516), failure to report (090618), disobeyed the lawful order of a commissioned officer (090618), disobeyed the lawful order of an NCO on two occasions (090618), reduction to E-1, forfeiture of $699 for two months, 33 days of extra duty and restriction (FG)

090818, failing to report (090618), leaving his place of duty (090618), disobeying the lawful order of a commissioned officer (090618), disobeying the lawful orders from two NCOs (090618), forfeiture of $326, 14 days of extra duty (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  30
Current ENL Date: 070118    Current ENL Term: 4 Years  16 weeks
Current ENL Service: 	02 Yrs, 09Mos, 13Days ?????
Total Service:  		02 Yrs, 09Mos, 13Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 108   EDU: GED   Overseas: SWA   Combat: Iraq (071128-090108)
Decorations/Awards: ARCOM, VUA, NDSM, GWOTSM, ICM W/CS, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  Malibu, CA
Post Service Accomplishments: None listed.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 September 2009, 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 disobeying the lawful order and being disrespectful to an NCO (080817), DWI (090516), failure to report (090618), disobeyed the lawful order of an NCO (090618), leaving his place of duty (090618), and for failure to obey the lawful order of a commissioned officer (090618), with a general, under honorable conditions discharge.  He was advised of his rights.  On 11 September 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 26 October 2009, 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 an MP Report dated 16 May 2009 and a GOMOR dated 18 August 2009.

       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 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 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 his repeated misconduct, the applicant diminished the quality of the former Soldier’s service below that meriting a fully honorable discharge.  
       
       The applicant contends that he was forced to deploy after being told that he was non-deployable due to medical problems, he states he had been diagnosed with PTSD and was under medication and that his chain of command was non-supportive after his DWI.  However, the record does not support the applicant’s contention, that the discharge was the result of any medical condition.  His discharge stems from his repeated incidents of misconduct while in Iraq and upon return to Fort Polk as shown by the Articles 15 he received in Iraq and at Fort Polk.  The record also shows that on 21 August 2009, he was diagnosed with an adjustment disorder with disturbance of emotion and conduct.  Army Regulation 635-200 provides that commanders will not take action to separate Soldiers for personality or adjustment disorders solely to spare a Soldier who may have committed serious acts of misconduct.  The medical document submitted with his application indicates that on 23 March 2009, he was diagnosed with PTSD; however, 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.  Furthermore, the same medical document provided by the applicant with his application indicates that at the time of the evaluation, he does not report significant symptoms that would fit PTSD, per the tests administered (page 4 of PTSD evaluation).

       The analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       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: 26 March 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20100009108
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