Applicant Name:   

Application Receipt Date: 2010/06/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions.  He contends that he needs treatment with VA Healthcare for issues that started with his service in Iraq.  He further contends that he suffers from Post Traumatic Stress Disorder (PTSD), severe depression, and an anxiety disorder.

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: 091130
Discharge Received: 			   Date: 091218   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HHC, 2-327th IN Regt, Fort Campbell, KY 

Time Lost: AWOL x 3 for a total of 25 days; (090612-09-0617) for 6 days, mode of return unknown; (090929-091013) for 17 days,  mode of return unknown; (091020-091021) for 2 days, mode of return unknown.  Confinement/Civil Authorities for 4 days (091010-091014); however, this period is not annotated on the DD Form 214 block 29, dates of time lost during this period. 

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:  25
Current ENL Date: 070907    Current ENL Term: 06 Years  ?????
Current ENL Service: 	02 Yrs, 03 Mos, 12 Days ?????
Total Service:  		03 Yrs, 09 Mos, 21 Days ?????
Previous Discharges: 	RA-060202-070906/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 13F20 Fire Support Spec   GT: NIF   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Iraq (070813-081008)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM-W/CS, GWOTSM, NCOPDR, ASR, OSR-2, CAB

V.  Post-Discharge Activity
City, State:  Clanton, AL 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 22 October 2009, the applicant was charged with absenting himself from his unit (AWOL) x 3 (090612-090618), (090929-091010), (091020-091022); willfully disobeying a lawful command from a CPT x 2 (091019), (091020); disrespectful in language towards a SFC (090926), and a SSG (090926); assaulting a SFC (090926); assaulting a PFC (090710); drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces x 2 (090710), (090926); and wrongfully communicating a threat to a SFC (090927).   
       On 1 December 2009, the applicant 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.  In this request, the applicant admitted guilt to the offense, or a lesser-included offense.  
       
       Further, the applicant 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 applicant did not submit a statement in his own behalf.  The applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.
       
       On 11 December 2009, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank. 
       
       The applicant's record contains two (2) Military Police Reports, dated 11 July 2009, with additional persons related to the report, and 27 September 2009, with additional offenses, victims, and persons related to the report. 

       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 applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  
       
       There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  While the applicant’s misconduct is not condoned, the analyst found that the overall length and quality of the applicant’s service; to include his combat service, the circumstances surrounding the discharge (i.e., severe family problems), that he sought help from the [ redacted ] Treatment Facility, and requested after discharge care for his mental issues at [ redacted ], mitigated the discrediting entries in the service record. 
       
       Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of grade to SGT/E-5.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 4 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100501); Self-Authored Statement; two (2) Character Statements, dated (100601), (undated); and a DD Form 214, dated (091218).



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. 

Further, by the misconduct (i.e., AWOL), the applicant diminished the quality of his service below that meriting a fully honorable discharge.

The applicant contends that he needs treatment with VA Healthcare for issues that started with his service in Iraq.  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 also contends that he suffers from PTSD, severe depression, and an anxiety disorder.  The record does not support the applicant's contention that he suffers from PTSD, severe depression, nor an anxiety disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.   
        
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 AR20100016995
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