Applicant Name:  

Application Receipt Date: 2010/03/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “In January 2008, I was placed on suicide watch and clinically diagnosed with depression/PTSD, by a combat psychiatrist for multiple combat related exposure to hostile situations as a military interpreter serving with Special Forces out of area 4 Stryker base in Iraq.  Prior to this incident, I was never malcontent and/or dissatisfied with U. S.  Army.  I truly wanted to have a military career.  After this incident, my career began to downward spiral, which eventually led to an Article 15 proceeding and subsequent discharge to a general under honorable discharge.  I am sincerely regretful for all that has transpired.  I was young, immature and indecisive in my handling of the situation that occurred.  I truly hope this will not damage my future life for my family and I.  Please weigh my case for an upgrade to an honorable discharge fairly.  I truly meant no harm to anyone and am deeply thankful for having the opportunity to serve in the U. S. Army.”

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: 081113
Discharge Received: 			   Date: 081114   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Headquarters, Headquarters Company, 111th Military Intelligence Brigade, Fort Huachuca, AZ 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080225 disobeyed multiple lawful orders from multiple noncommissioned officers x4 (071128, 071215, 080116, and 080221), reduction to E1, forfeiture of $673.00 pay per month for two months, suspended, to be automatically remitted if not vacated before 080625, restriction to the limits of Area IV (OCONUS) and A CO, 1st BN, 5th SFG (A) area (CONUS) for 45 days, extra duty for 45 days, and an oral reprimand (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: 061207    Current ENL Term: 4 Years  ?????
Current ENL Service: 	1  Yrs, 5 Mos, 9  Days ?????
Total Service:  		1  Yrs, 9 Mos, 25Days ?????
Previous Discharges: 	RA 050316-050801 UNC
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 09L10 Translator Aide   GT: 84   EDU: HS Grad   Overseas: Iraq   Combat: Iraq (dates NIF)
Decorations/Awards: NDSMx2, ICM-CS, GWTSM, ASR, OSR

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


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 13 November 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Section III, paragraph 14-12b, AR 635-200, by reason of patterns of misconduct for going AWOL on divers occasions, failing to obey multiple lawful written orders, and making false official statements, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 13 November 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, was not entitled to an administrative separation board, 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 action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 13 November 2008, 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, the issues 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 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.  
       
       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 analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 
       
       Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence of support has been submitted by the applicant to show that the discharge was the result of any medical condition.   
       
       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: 3 December 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: No Change
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 AR20100011137
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