Applicant Name:  ?????

Application Receipt Date: 2010/04/27	Prior Review:     Prior Review Date: 2009/11/25   

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states he should have been medically discharged because he was diagnosed with PTSD and kidney problems.

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: 081121   Chapter: 14-12c(1)      AR: 635-200
Reason: Misconduct (AWOL)	   RE:     SPD: JKD   Unit/Location: HHC, 2-16 Inf Bn, Fort Riley, KS 

Time Lost: AWOL, for 21 days (081022-081111); mode of return unknown.

Article 15s (Charges/Dates/Punishment): 080918, at or near Fort Riley, KS, without authority, failed to go at the time prescribed to his appointed place of duty six times between the period 19 June 08 - 15 August 08;  having received a lawful order from an NCO, did at or near Fort Riley, KS, on or about 14 August 08, willfully disobey the same; reduction to PFC (E-3), forfeiture of $417.00, suspended, to be automatically remitted if not vacated on of before 18 January 2008, extra duty for 14 days, restriction to the limits of Fort Riley, KS for 14 days (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 050615    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 04Mos, 17Days ?????
Total Service:  		03 Yrs, 04Mos, 17Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 35F10/Intelligence Analyst   GT: 106   EDU: HS GRAD   Overseas: SWA   Combat: Iraq (070206-080417)
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ICM w/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  El Mirage, AZ
Post Service Accomplishments: None listed by the applicant.









VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 November 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c(1), AR 635-200, by reason of misconduct-commission of a serious offense for AWOL (081022-081111),received a Company Grade Article 15 for  failure to report a total of six times, and willfully disobeying a lawful order from a SFC, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived 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 service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with general, under honorable conditions discharge.  On 12 November 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.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 or a change to the narrative reason of the applicant's discharge.    
       
       The analyst determined 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 the misconduct, the applicant diminished the quality of the former Soldier’s 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 the applicant's issue that his discharge should be changed to medical because he was diagnosed with PTSD and suffering from kidney problems before being separated from the Army.  However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(1), AR 635-200 with a general, under honorable conditions discharge.  The narrative reason specified was "Misconduct (AWOL),” and the authorized separation code was "JKD."   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 the 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.  
       
       Futhermore, the record does not support the issue that the applicant suffered from Post Traumatic Stress Disorder or kidney problems and no evidence to support it has been submitted by the applicant, 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.   
       
       The applicant submitted a DD form 149 and excerpts from his OMPF ( 27 pages) in support of the personal appearance hearing.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: None 

Exhibits Submitted: a DD form 149 and excerpts from OMPF ( 27 pages); VA progress notes (296 pages); Copy of medical record (42 pages). 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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: N/A										
RE Code: 
Grade Restoration:   No   Yes   Grade: ?????






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 AR20100013785
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