Applicant Name:  ?????

Application Receipt Date: 2010/03/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant in effect requests an upgrade of his discharge to fully honorable based on his disability as the cause of his actions on active duty.  Also, the applicant contends he was diagnosed with depression and prescribed medication for  treatment. 

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   None

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 081020
Discharge Received: 			   Date: 081114   Chapter: 14-12c      AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Btry, 2-29th FA Bn, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080823, willfully disobeying a lawful order; reduction to E-3 (suspended), forfeiture of $843 pay x 2 months (suspended), extra duty for 14 days,  and restriction for 14 days (CG).  This Article 15 is not part of the available record, see unit commander's recommendation memorandum.

080331, willfully disobeying a lawful order; extra duty for 7 days (Summarized).  This Article 15 is not part of the available record, see unit commander's recommendation memorandum.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 051019    Current ENL Term: 03 Years  21 Weeks/with an approved moral waiver (051005)
Current ENL Service: 	03 Yrs, 00Mos, 26Days ?????
Total Service:  		03 Yrs, 00Mos, 26Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13D10 Field Artillery Automation   GT: 99   EDU: GED   Overseas: Southwest Asia   Combat: Kuwait/Iraq (061029-071210)
Decorations/Awards: NDSM, ICM-W/CS, GWOTSM, ASR, OSR, VUA

V.  Post-Discharge Activity
City, State:  El Paso, TX 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
        The evidence of record shows that on 20 October 2008, 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 disobeying a lawful order x 3 (080331), (080823), (080723); committing assault consummated by battery (060915), (080212), (080519); and failing to report x 2 (080731), (080926), with a general, under honorable conditions discharge.  He was advised of his rights.  
       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 service 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 23 October 2008, 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 applicant's record contains two Military Police Reports, dated 11 February 2008 and 19 May 2008, with additional offenses, victims, and persons related to the report.

       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 during the period of enlistment under review, the issues and documents submitted with the application, 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.  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 acknowledges the independent document (Department of Veterans Affairs) submitted with the application indicating that the applicant was diagnosed with post-traumatic stress disorder (PTSD), claimed as anxiety and depression, determined to be service connected and rated as 50% disabling.  
       
       The applicant's available record does not contain any evidence of in-service diagnosis of depression as indicated in the independent documentation from the Department of Veterans Affairs and the applicant did not submit any corroborating evidence of in-service diagnosis of depression or related medical issues. 
       
       Further, the record further shows that the mental status evaluation did not indicate that his condition was a contributing factor to his misconduct, there is no evidence of mental disease or defect, which would warrant a disposition through medical/physical channels.  He was cleared for any administrative action deemed appropriate by command.
       
       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: 2 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted DD Form 149 and the following documents:  DD Form 214, dated (081114); Discharge Orders 317-0013, dated (081112); and a Waco VA Regional Office Rating Decision (11) pages, dated (100219).

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: None
















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 AR20100011917
______________________________________________________________________________

Page 1 of 3 pages