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 petitioner (mother) states for the former service member, in effect, that an honorable discharge is requested in order to receive a Military Service Marker.  The petitioner alleges that post traumatic stress order (PTSD) caused actions that led to the discharge, and treatment should have been provided as PTSD was triggered by duty service during Operation Enduring Freedom.   

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 030320   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Co, 92nd Engineer Bn, Combat (Heavy), Fort Stewart, GA 

Time Lost: AWOL for 135 days (020917-030129), surrendered.

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 010809    Current ENL Term: 03 Years  ?????
Current ENL Service: 	01 Yrs, 02Mos, 27Days ?????
Total Service:  		03 Yrs, 01Mos, 08Days ?????
Previous Discharges: 	ARNG-990929-991101/NA
                                       ADT-991102-000407/UNC
                                       ARNG-000408-010808/HD
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 51R10 Interior Electrician   GT: NIF   EDU: GED    Overseas: None   Combat: In the DD Form 149, the petitioner (mother) states that the former service member served in Afghanistan; however, the available Official Military Personnel File (OMPF), does not substantiate this service. 
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Roberts, IL
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The complete facts and circumstances leading to the former service member's discharge from the Army are not contained in the available records.  Further, the DD Form 458 (Charge Sheet), is not part of the available record and the analyst presumed government regularity in the discharge process.  
       
       The evidence of record does show that on 8 August 2007, the former service member consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial by reason of absent without authority (020917-030129), disobeying a lawful order, and wrongfully using a controlled substance.  In this request, the former service member admitted guilt to the offense, or a lesser-included offense.  
       
       The former service member indicated that he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The former service member did not submit a statement in his own behalf.  
       
       The former service member's chain of command recommended approval of the Chapter 10 request. 
       
       On 10 March 2003, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  The former service member was to be reduced to the lowest enlisted rank.  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the former service member's military records during the period of enlistment under review, the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the former service member's discharge.  
       
       The evidence of record indicates that the former service member was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The former service member consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the former service member admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the former service member were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the former service member was aware of that prior to requesting discharge.
       
       The analyst found that the former service member by his misconduct, diminished the quality of his service below that meriting a fully honorable discharge and his service did not warrant an honorable discharge for the period of enlistment under review.
       
       The analyst noted the issues submitted on behalf of the former service member and the documentation submitted with the application indicating he was diagnosed with post service PTSD.  The former service member's record does not contain any evidence of PTSD or injuries sustained while serving in Afghanistan.  
       
       Further, regarding the issue that PTSD was the cause of the actions that led to the former service member's discharge.  The analyst carefully considered the issue; however, was unable to determine whether this issue has merit because the former service member's record does not contain any evidence that he requested a separation physical; wherein AR 635-200, paragraph 10-6 indicates that a medical examination is not required but may be requested under AR 40-501, Chapter 8. 
       
             Additionally, concerning the petitioner (mother) on behalf of the former service member's request for a Military Service Marker, does not fall within the purview of the Army Discharge Review Board.  Accordingly, the petitioner 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: 14 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The petitioner (mother) submitted a DD Form 149 and the following documents:  DD Form 214, dated (030320); Memorandum, Request For Discharge in Lieu of Trial by Court-Martial, dated (030310); Death Certificate, (070426); Crisis Intervention Contact, dated (030831); and Progress Notes/Medical Documents eight (8) pages, various dates. 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the the former service member'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 1    No change 4
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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None












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 AR20100016138
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