Applicant Name:  ?????

Application Receipt Date: 2010/07/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I request an upgrade to my discharge being related to my current service connected PTSD disability.  I was awarded this disability rated effective the day after my discharge.  I had asked for help while in the Army and received some counseling.  I admit that my actions of excessive drinking was the main cause of my character of discharge, but I was unawared of it being that serious.

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: 050610
Discharge Received: 			   Date: 050801   Chapter: 14-12c(1)       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKD   Unit/Location: C Co, 782d MSB, 82d Abn Div, Fort Bragg, NC 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): 050518, SCM, Wrongfully consuming alcohol under the age of 21, making a false official statement, and wrongful overindulgence in intoxicating liquor, reduction to E1; forfeiture of $823.00 pay per month for one month; restriction for 30 days; and confinement for 45 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 020530    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 02 Mos, 02 Days ?????
Total Service:  		03 Yrs, 02 Mos, 02 Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92A1P/Automated Logistics Specialist   GT: 98   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (030214-040214)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR

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 10 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for having been convicted by a Summary Court-Martial for underage drinking, falsifying an official statement and wrongful prior overindulgence, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 6 July 2005,  the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 25, separation authority reads “AR 635-200, paragraph 14-12c(1)” and block 26, separation code reads “JKD.”
       
       However, the unit commander notified the applicant of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for underage drinking, falsifying an official statement and wrongful prior overindulgence.

       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 during the period of service under review, the issues and documents 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 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 the former Soldier’s 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 applicant contends that his discharge was related to service connected PTSD disability.  The analyst acknowledges the independent document (Department of Veterans Affairs) submitted with the application, indicating that the applicant was diagnosed with PTSD.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted. The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
       Furthermore, records show that the applicant was not discharged for PTSD but for underage drinking, falsifying a official statement, and wrongful prior overindulgence.
       
       Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(1)” and block 26 as separation code “JKD."  In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, separation authority to “AR 635-200, paragraph 14-12c,” and block 26, separation code to “JKQ,” as approved by the separation authority.  
       
       Except for the foregoing modifications the analyst determined that 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 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Department of Veterans Affairs Decision Letter, 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 found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(1)” and block 26 as separation code “JKD."  In view of these errors, the Board voted to administratively correct block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to “JKQ,” and block 28, narrative reason for separation to “Misconduct (Serious Offense).”  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable and voted not to change it.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 5    No change 0
(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: The Board directs ARBA Promulgation-Arlington to administratively correct block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to “JKQ,” and block 28, narrative reason for separation to “Misconduct (Serious Offense).”										
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 AR20100018798
______________________________________________________________________________


Page 1 of 3 pages