Applicant Name:  ?????

Application Receipt Date: 2010/04/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade so that he will be eligible for the Montgomery GI Bill benefits. He was an E-5 Team Leader responsible for 8 team members and earned a CIB for his service in Afghanistan and Iraq. He believes that his PTSD was a major factor that pushed him into early separation from the service, because he did not know how to deal with his anger and frustration. He is now more in touch with himself and more understanding of his condition and wants to go to college to prepare for his future.  

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: 071227
Discharge Received: 			   Date: 080131   Chapter: 13       AR: 635-200
Reason: Unsatisfactory Performance	   RE:     SPD: JHJ   Unit/Location: HQ & HQ Company, 519th Military Intellligence Battalion, 525th Battlefield Surveillance Brigade, Task Force Lightning Camp Victory, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 071215, disrespectful in language towards SGM, a noncommissioned officer on or about (071208), reduction to Private (E-3), forfeiture of $403.00 pay, suspended, until (080515), extra duty and restriction for 14 days, suspended until (080515) (CG)

Article 15, 071020, assaulted a PFC on or about (070401), reduction to the grade of Specialist (E-4), forfeiture of $1031.00 pay per month for 2 months, suspended until (080319), extra duty and restriction for 45 days, suspended until (080319) (FG)

Article 15, 050823, assaulted a PFC on or about (050730), reduction to Specialist (E-4), forfeiture of $938.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (060225), extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before (060225) (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/040805    Current ENL Term: 6 Years  ?????
Current ENL Service: 	3 Yrs, 5 Mos, 26 Days ?????
Total Service:  		6 Yrs, 6 Mos, 13 Days ?????
Previous Discharges: 	RA 010718-040804/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 118   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (021129-030714), Iraq x 2 (040110-040411), (070909-080107)
Decorations/Awards: ARCOM, AAM (4), GCMDL (2), NDSM, AFGCMDL, GWTEM, GWTSM, KDSM, ICMDL, NATOMDL, NCOPDR, ASR, OSR, CIB, EIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 27 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for receiving a Field Grade Article 15 on (071020) and a Company Grade Article 15 on (071215) with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 27 December 2007, 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  
       
       On 2 January 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge.  The applicant was not transferred to the U.S. Army Reserve Control Group.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records and the issue submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance.  
       
       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 the unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. 
       
       The analyst noted the applicant's issue that he is requesting an upgrade so that he will be eligible for the Montgomery GI Bill benefits. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 
       
       
       The applicant further contends that his PTSD was a major factor that pushed him into early separation from the service, because he did not know how to deal with his anger and frustration.  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 shows that on 21 December 2007, the applicant underwent a mental status evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. 
       
       He attended twice-weekly scheduled individual therapy sessions and was prescribed medication.  Also, he was psychiatrically cleared for any administrative action deemed appropriate by the chain of command.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.  
       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: 19 January 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 13 April 2010.

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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change














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 AR20100014225
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