Applicant Name:  ?????

Application Receipt Date: 2010/06/29	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, his discharge is inequitable because it is based on one isolated incident in over 18 years of service in both active duty and the National Guard.  His unit commander MAJ H (formerly CPT B) recommended a lesser punishment, specifically a Field Grade Article 15.  Since returning home, he has been diagnosed with Post Traumatic Stress Disorder (PTSD), which is directly connected to his service in Iraq.  His current disability rating with the VA is 30% for PTSD.  He currently attends regular counseling sessions to help him better manage his anger and irritability.  Therefore, he believes it is reasonable to consider that his PTSD directly led to his momentary loss of military bearing, eight months into his combat deployment to Iraq.

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: CDR's recommendation NIF
Discharge Received: 			   Date: 041229   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court Martial	   RE:     SPD: KFS   Unit/Location: Headquarters, III Corps, Victory Base, Iraq APO 09342-1400 

Time Lost: None

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:  37
Current ENL Date: 031212    Current ENL Term: NIF Years  ?????
Current ENL Service: 	1   Yrs, 0  Mos, 18  Days ?????
Total Service:  		18 Yrs, 3  Mos, 19  Days ?????
Previous Discharges: 	      RA 860910 - 880609/HD
                                       ARNG  880610 - 920721/HD
                                       ARNG  920722 - 000427/HD
                                       ARNG  000428 - 031211/HD
Highest Grade:  E-6		Performance Ratings Available: Yes    No 
MOS: 88M00 Motor Transport Operator   GT: 112   EDU: 2 Years College   Overseas: Germany (870120 - 880608), Kuwait and Iraq (040217 - 041217)   Combat: Kuwait and Iraq (040217 - 041217)
Decorations/Awards: AAM, ARCAM x 4, NDSM x 2, GWOTEM, GWOTSM, AFRM w/M, NCOPDR w/2, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Employed as a trucker





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, for the good of the Service in lieu of trial by court-martial with a characterization of service of under other than honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of KFS (i.e., for the good of the Service-in lieu of trial by court-martial) with a reentry eligibility (RE) code of "4."   
       
       The evidence of record shows that on (041102) the applicant was charged with assault on a superior noncommissioned officer, was disrespectful in language and deportment toward a noncommissioned officer, wrongfully communicated a threat to injure 1SG W, by saying “I came in here to punch your face in.” 
       
       On 6 December 2004, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions.  The applicant 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, under honorable conditions 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 available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include his combat service, and the supporting medical documents from the Veterans Administration, mitigated the discrediting entries in the service record.  
       
       Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to SSG/E-6. 
       
       
       
       
       
       
       
       
       
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 23 March 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, multiple attachments which include VA documents, letters of support, college transcript, and two DD Forms 214.

VIII.  Board Discussion, Determination, and Recommendation
Notwithstanding the analyst’s 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 2    No change 3
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: 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 AR20100018061
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