Applicant Name:  ?????

Application Receipt Date: 2010/03/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that upon his return from a successful 15-month tour in Iraq, he was unable to mentally function properly and it interfered with his normal activities.  He served in Iraq in the front lines and was a few weeks short of completing his military contract.  He has been diagnosed with PTSD for which he was granted a service connected disability by the VA.

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: 080902
Discharge Received: 			   Date: 081007   Chapter: 14-12b    AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Det, 1-505th PIR, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080723, violation of a lawful general regulation by having a breath alcohol concentration greater  than .05 while on duty (080718), forfeiture of $754 per month for two months, 45 days of extra duty and restriction (FG)

080828, failure to report (080821), disobeyed a lawful order from an NCO on two occasions (080826), reduction to E-1, forfeiture of $314, 14 days of extra duty and restriction (CG)

080821, failed to report twice (080813, 080815), 7 days of extra duty and restriction, and an oral reprimand (SUM)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 040914    Current ENL Term: 4 Years  21 weeks
Current ENL Service: 	04 Yrs, 00Mos, 24Days ?????
Total Service:  		04 Yrs, 00Mos, 24Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 113   EDU: HS Grad   Overseas: SWA   Combat: Iraq (060801-071101)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR.  Applicant provided ARCOM and CIB.

V.  Post-Discharge Activity
City, State:  Baltimore, MD
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 2 September 2008, 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 being drunk while on duty (080718), failing to report for duty (080821), and disobeying a lawful order from an NCO two times (080826), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       The applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, 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 9 September 2008, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge 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 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 fully honorable discharge.  Before initiating action to separate him from the Army, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation.  The analyst noted the command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier.  The evidence of record establishes that the applicant was afforded a reasonable opportunity to overcome the noted deficiencies.  As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service.  
       
       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 which included his service in Iraq.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the three documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       Furthermore, the analyst acknowledges the applicant's successful transition to civilian life and noted the diagnosis of PTSD outlined in 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 and the applicant fully understood the difference between right and wrong.  The record contains a mental evaluation of the applicant conducted on 24 July 2008, which shows he was mentally responsible for his behavior and fully capable of distinguishing between right and wrong.  
       
       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: 3 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: CIB and ARCOM awards, VA documents of a 90 percent service connected disability which includes PTSD.

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 AR20100009690
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