Applicant Name:  ?????

Application Receipt Date: 2010/05/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "While serving in Operation Iraqi Freedom (2006), as an Intelligence Analyst, I was privy to sensitive information and classified missions.  Sometimes the information I received was gut-wrenching, disgusting, or otherwise bared a large burden. Sometimes I would be allowed to accompany Air Assault missions outside of the FOB.  One memorable mission was to recover remains of 2 abducted military members.  The scene was very depressing, and gory by all accounts.  The mutilation sustained by the service members were such that it was and still is imprinted in my mind.  I suffer from nightmares, and a change in personality, different from that of prior enlistment.  I have been fighting with it for years, and have finally sought assistance from the VA mental health unit.  I have been diagnosed with PTSD and prescribed 100mg of Sertraline (Zoloft) to be taken daily.  It has helped some, but I still suffer from what I refer to as an altered personality.

After that mission, my punctuality slowly started to fail.  I became tardier more frequently.  This occurred because I overslept, felt constantly fatigued, and was generally no longer willing to do my duty.  I self-diagnosed as depression and alerted my CoC.  Then went to mental health group sessions.  There is no documentation.  I subsequently had my firing-pin removed from my weapon and put on suicide-watch for added measure.  I never said I was suicidal.  This made me feel worthless and only made matters worse.

Eventually my CO took matters into his own hands and issued me an article 15, 14 days of extra duty (which included sweeping a flight line during a sand storm).  During extra-duty, my right-hand turned blue and I lost feeling in it.  The BDE Medical Officer told me I had Raynaud's syndrome.  I had never been diagnosed with this disorder, nor had I any symptoms of the disorder until put on extra-duty.

During a personal conversation with my command staff, I told them I no longer wanted to be in the military.  I can't do this anymore.  They then went about the discharge process.  The BDE Medical Officer (Col) and the BDE JAG (Maj) both conferred with my C.O., and it was their opinion that I should be given an honorable discharge.  My C.O. disagreed on the grounds that,  It isn't fair that you get an honorable discharge when you can't hack it.  I was discharged approx. 1 month after I returned from Iraq with my unit.

I served my country in a hostile environment, kept air assault pilots and their missions safe, and have nothing to show for it, except for my DD214, nightmares, and permanent nerve damage in my right hand."

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: 061208
Discharge Received: 			   Date: 061219   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHC, 4th Avn Bn (ASSLT), Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060901, Failing to go at the time prescribed to his appointed place of duty (060825), derelict in the performance of his duties (060825), disobeying a lawful command from a superior commissioned officer (060825), and on divers occasions failing to go at the time prescribed to his appointed place of duty (060706 and 060802), reduction to E2; forfeiture of $333.00 pay per month for one month; and extra duty for 14 days, (GC).

061023, Failing to go at the time prescribed to his appointed place of duty (061020), record of punishment and continuation sheet were not found in the available records.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050715    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 05Days ?????
Total Service:  		01 Yrs, 05Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 96B10/Intelligence Analyst   GT: 131   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (060511-061116)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, 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:
       Evidence of record shows that on 8 December 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for having engaged in a pattern of misconduct, to include numerous failures to report, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 11 December 2008, the applicant consulted 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 service and waiver of further rehabilitative efforts.  
       
       On 13 December 2006, 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, but a general discharge 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 documents, and the issues he submitted, 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 narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, Paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct", and the separation code is "JKA."  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.  
       
       The applicant contends that he suffers from Post Traumatic Stress Disorder (PTSD), has suffered from nightmares and a change in personality for years, and that he had Raynaud's Syndrome.  The analyst acknowledges the independent documents submitted with the application prescribing the applicant with medication for treatment of PTSD and that he did seek medical treatment 11 April 2006 for right hand mumbness and swelling.  However, the applicant's available record does not contain any evidence of inservice diagnosis of PTSD as indicated in the independent documentation and the applicant did not submit any corroborating evidence that his discharge was the result of any medical condition.  
       
       In view of the foregoing, the analyst determined that the characterization of service and reason for discharge 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: 25 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, VCAA Notice Response, Autorization and Consent to Release Information to the Depart of Veterans Affairs (VA), Statement in Support of Claim, Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD), Stressful Incident NO.2, Standard Form 513, dated 11 April 2006, Continuing Care Discharge Plan, Medical Record Progress Notes, VA North Texas Health Care System Post-Traumatic Stress Disorder (PTSD) (4 pages), and DD Form 214 for the period of service under review.

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 AR20100014282
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