Applicant Name:  ?????

Application Receipt Date: 2010/02/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that while in the Army he got involved with drugs to help him mask the pain of what he was feeling.  He needed help but instead he was discharged and left with nothing.  He feels that he was a good Soldier who made a mistake.  He suffers from PTSD and tries to forget all the things he did but just cannot.  He is unable to hold a job and become productive.  He just wants his life back but cannot afford the care he needs and believes the he should be able to get the Veterans medical benefits to treat his PTSD.  He asks the Board  to take into account all the good things he did while serving in active duty.

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: NIF
Discharge Received: 			   Date: 050504   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: B Co, 3-327 IN Regiment, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): When the applicant was charged, he was an E-1.  The Article 15 that reduced him in rank is not contained in the OMPF.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 040504    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 00Mos, 01Days ?????
Total Service:  		04 Yrs, 07Mos, 15Days ?????
Previous Discharges: 	RA 000920-040503/HD (Immediate Reenlistment)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 114   EDU: HS Grad   Overseas: SWA   Combat: Iraq/Kuwait (030303-040131)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, AGCM, ASR, OSR, CIB

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 6 April 2005, the applicant was charged with wrongfully using cocaine on three occasions (040928-041004, 050112-050120, and 050216-050223).  
       
       On 8 April 2005, 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 he understood that he 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 his own behalf.  The unit commander and intermediate commander’s recommendations are not contained in the record.  
       
       On 29 April 2005, the separation authority approved the Chapter 10 request and directed a discharge with a characterization of service as under other than honorable conditions.  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, under honorable conditions 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 available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service is now too harsh, and as a result it is inequitable.  
       
       While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service in Iraq for which he received an Army Commendation Medal, mitigated the discrediting entries in the service record.  
       
       The applicant contends that he is suffering from severe PTSD and that he is unable to get any help from the Veterans Administration because of the characterization of his service.  The applicant’s military records do not indicate that he was diagnosed with PTSD while in the Army or that his discharge was the result of any medical condition.  
       
       In view of the foregoing, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Congressional correspondence, awards, discharge documents, certificate of training, DD Form 214, and Orders for his awards.

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 characterization of service was too harsh, based on the overall length and quality of the applicant's service to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 3    No change 2
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 AR20100009595
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