Applicant Name:  ?????

Application Receipt Date: 2010/06/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, states in effect, that he would like to receive an upgrade of his discharge to general, under honorable conditions in order to be able to receive treatment for his PTSD condition which was caused by the loss of several of his comrades during combat operations.

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: 050602
Discharge Received: 			   Date: 050705   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: B Co, 2-122 IN Bn, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030717, failure to report twice (030625), disrespectful in language and deportment to an NCO (030625), disobeyed a lawful order by drinking while underage (030624), 14 days of extra duty and restriction (Summarized)

Courts-Martial (Charges/Dates/Punishment): 050610, eight specifications of failure to report, two specifications of disobeying a lawful order from a commissioned officer, five specifications of being disrespectful and disobeying a lawful order from an NCO, two specifications of dereliction of duty, and incapacitated for the performance of his duties, reduction to E-1, forfeiture of $823, confinement for 30 days (SCM).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 030124    Current ENL Term: 3 Years  ?????
Current ENL Service: 	02 Yrs, 05Mos, 12Days ?????
Total Service:  		02 Yrs, 05Mos, 12Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 97   EDU: GED   Overseas: None   Combat: None in the record
Decorations/Awards: None

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 2 June 2005, 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 on divers occasions between on or about 29 November 2004 and on or about 25 May 2005, he failed to go to his appointed place of duty; on or about 11 April 2005 and on or about 6 April 2005, he went from his appointed place of duty; on divers occasions between on or about 4 May 2005 and on or about 24 May 2005, he disobeyed a lawful command from a commissioned officer; on or about 14 April 2004, he was disrespectful to an NCO; on or about 14 April 2004, he was disrespectful to another NCO; on or about 26 April 2004, he was disrespectful to another NCO; on or about 26 April 2005, he disobeyed a lawful order from an NCO; on or about 10 May 2005, he disobeyed a lawful order from an NCO; on divers occasions between on or about 30 March 2005 and on or about 24 May 2005, he violated a lawful general order; on or about 5 May 2005, he was derelict in the performance of his duties; and on divers occasions between on or about 30 March 2005 and on or about 24 May 2005, as a result of previous overindulgence in intoxicating liquor or drugs, he was incapacitated for the proper performance of his duties. The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights.  
       
       On 10 June 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board 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 an under other than honorable conditions discharge.  
       
       On 29 June 2005, the separation authority waived further rehabilitative efforts and directed the applicant's  discharge with a characterization of service of under other than 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 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 the misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant's service was marred by an Article 15 and a summary court-martial for numerous incidents of misconduct.
       
       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 applicant contends that he suffers from PTSD and needs an upgrade to possibly rejoin the Army and obtain medical benefits.  However, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  Further, the record does not contain any eveidence about any deployment.  The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
       
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.  
       
       Further, eligibility for veteran's benefits to include medical and 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.
       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: 23 February 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: A self-authored statement, support statements from his parents, and a DD Form 214.

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 AR20100016024
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