Applicant Name:  ?????

Application Receipt Date: 2010/09/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he was going before an MEB for PTSD but due to the terrorist attack at Fort Hood, he could not handle staying in the Army due to his fears and anxiety.  This compounded his experience from the war and wanted out of the Army using any way possible.  

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: 091218
Discharge Received: 			   Date: 091229   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: 697th EN Co, Fort Hood, TX 

Time Lost: 70 days, AWOL on two occasions.  Fist AWOL for 27 days (071215-080110), second AWOL for 43 days (090909-091021), mode of return for both AWOL entries is unknown.

Article 15s (Charges/Dates/Punishment): 081204, AWOL (090909-091020), wrongfully used marijuana (090801-090831), reduction to E-1, forfeiture of $699, 45 days of extra duty and restriction (FG)

0800421, wrongfully used cocaine (080120-080220), reduction to E-1, forfeiture of $673 for two months, 45 days of extra duty and restriction (FG)

080306, failed to report on two occasions (080206, 080222), 14 days of extra duty and restriction (Summarized)

080117, disobeyed a lawful order from a commissioned officer (071121), failed to report to his designated place of duty (071130), AWOL (071215-080111), reduction to E-1, forfeiture of $303, 14 days of restriction (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: 070307    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 07Mos, 14Days ?????
Total Service:  		02 Yrs, 07Mos, 14Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 21E10/Construction Equipment Opr   GT: 99   EDU: GED   Overseas: SWA   Combat: Afghanistan (080424-090717)
Decorations/Awards: AAM, ACM w/CS, NDSM, GWOTSM, NATO AFGHANISTAN SM, ASR, OSR

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 18 December 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 abuse of illegal drugs, AWOL, and multiple failures to report to his designated place of duty, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 18 December 2009, 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.  
       
       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 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 repeated incidents of 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.
       
       Furthermore, the analyst acknowledges the applicant's transition to civilian life and noted the diagnosis of PTSD outlined in the 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.  The record contains a mental evaluation dated 9 November 2009, which indicates the applicant was suffering from symptoms of PTSD but understood the difference between right and wrong and had control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.  
       
       Furthermore, the analyst noted the applicant’s issue about wanting to get out of the Army using any means available and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the many incidents of misconduct, which led to the separation action under review.
       
       Additionally, the applicant contends that he should have been medically discharged; however, the analyst determined that Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition who may have committed serious acts of misconduct.  The applicant’s service was marred by numerous incidents of misconduct which resulted on three Articles 15 under the UCMJ.
       
       Finally, the applicant contends that the narrative reason for his discharge should be changed.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Drug Abuse)", and the separation code is "JKK."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       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: 1 December 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, notice of telephone hearing, Red Cross message, letter of recommendation for release, emergency leave memorandum, VA Form 10-0454, and 82 pages of medical documents.

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 AR20100012819
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