Applicant Name:  ?????

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

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he would like to have his characterization changed to honorable because he was recommended for a Chapter 5-17 and was being evaluated for a possible medical board but was discharged while incarcerated.

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: 090803
Discharge Received: 			   Date: 090828   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: Rear Det, 1-5 IN Bn, Fort Hood, TX 

Time Lost: 161 days, AWOL (081014-090323), surrendered.

Article 15s (Charges/Dates/Punishment): 090615, AWOL (081014-090324), reduction to E-4, forfeiture of $250 for two months, 45 days of extra duty  (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 070223    Current ENL Term: 6 Years  ?????
Current ENL Service: 	02 Yrs, 06Mos, 05Days ?????
Total Service:  		03 Yrs, 08Mos, 22Days ?????
Previous Discharges: 	RA 050627-070222/HD (Immediate Reenlistment)
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 13P10/MLRS Fire Direction Spc   GT: 101   EDU: HS Grad   Overseas: SWA   Combat: Iraq (061016-080106)
Decorations/Awards: ARCOM, MUC, AGCM, NDSM, GWOTSM, ICM w/CS, ASR, OSR, CAB

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 3 August 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 being absent without leave (081014-090324), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 12 August 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf (not in the record).  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 20 August 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 his misconduct (AWOL for 161 days), 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.  
       
       Furthermore, the analyst acknowledges the applicant's transition to civilian life and noted the diagnosis of PTSD outlined in documents with his application.  However, on 8 April 2008, the applicant was given a mental evaluation and was found mentally responsible and capable of distinguishing right from wrong.  The analyst concluded that his PTSD condition did not overcome the reason for discharge and characterization of service granted, as the applicant understood the difference between right and wrong.  
       
       The applicant contends that he was recommended for a discharge under Chapter 5, paragraph 5-17, for a condition, not a disability due to his diagnosis of an adjustment disorder.  However, the applicant chose to go AWOL and remained gone for 161 days.  Upon his return, the unit commander appropriately initiated discharge proceedings under the provisions of Chapter 14, paragraph 14-12c for the commission of a serious offense.  Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition like a personality or adjustment disorder solely to spare a Soldier who may have committed serious acts of misconduct.  
       
       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: 22 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, general power of attorney, medical history, medical assessment, audiogram, PTSD questionnaire, two mental evaluations, and PTSD diagnosis (090819).

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 AR20100010019
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