Applicant Name:  ?????

Application Receipt Date: 2010/07/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I am requesting an upgrade to my OTH discharge due to the fact that I had been diagnosed with and treated for Post Traumatic Stress Disorder during the time of discharge.  The primary basis for discharge was for an AWOL charge in which I was guilty of for the dates of 15 January 2009 thru 13 February 2009.  Other than the AWOL charge, there are five other Failure to Report charges and one charge of making a false statement.  During the time of the before mentioned charges, I had been seeking help for mental problems later diagnosed as PTSD.  My command was aware of my illness but gave me no leniency and placed me in pre-trial confinement in pursuit of a Courts Martial for the charges.  I had served honorably for over 14 years which includes combat tours in Bosnia and Iraq for a total of 36 months.  During my second tour in Iraq, I was in Fallujah where I witnessed a fellow service member die from a rocket attack.  Following this combat tour from 2004-2005, I returned to Iraq from 2006-2007 and on this tour I went through some tough marital issues.  In 2008, I began to seek medical attention for ongoing mental problems and was later diagnosed with PTSD.  As a former Non-Commissioned Officer, I fully understand and take responsibility for the improper way I handled my problems by going AWOL and not reporting to duty on time.  However, my knowledge as a former Non-Commissioned Officer has also taught me that my former command did not ensure that I was taken care of as a Soldier and Veteran of foreign wars either.  They did not allow me time to recover from my illness.  My opinion of the command was that they thought I was faking my illness and was in pursuit of maximum punishment for my misconduct which was Courts Martial.  Due to the fact of being guilty of the AWOL charge, I was advised to take the OTH because the charge could have meant confinement.  My record of service shows that I have given a lot to the Army and although my actions of misconduct may have been worthy of discharge, I feel my service is enough to have at least received a General Discharge under honorable conditions."

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: NIF
Discharge Received: 			   Date: 091223   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 368th SOC, 11th Trans Bn, Fort Story, VA 

Time Lost: AWOL x 1 for 29 days (090115-090213), surrendered.

Article 15s (Charges/Dates/Punishment): 080925, Failure to go at the time prescribed to his appointed place of duty x 4 (080822, 080822, 080825, and 080825), forfeiture of $635.00 (suspended); and extra duty and restriction for 14 days (suspended) (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  32
Current ENL Date: 080520    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 06Mos, 05Days ?????
Total Service:  		14 Yrs, 00Mos, 24Days ?????
Previous Discharges: 	RA-951101-971222/HD
                                       RA-971223-991229/HD
                                       RA-991230-020227/HD
                                       RA-020228-050727/HD
                                       RA-050728-080519/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 63B10/Wheeled Vehicle Mech   GT: 94   EDU: HS Grad   Overseas: Southwest Asia-2, Germany   Combat: Iraq (040201-050131 and 060901-070826)
Decorations/Awards: ARCOM-3, AAM-3, NDSM, GWOTSM, ICM-w/CS, NCOPDR

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 4 August 2007, the applicant was charged with going AWOL (090115-090213), failure to go to his appointed place of duty x 5 (081201, 081201, 081201, 081214, and 081229), and making a false statement to the First Sergeant (081029).
       
       The applicant's request for discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial and the chain of command's recommendations are not contained in the available record and the analyst presumed government regularity in the discharge process.  
       
       On 22 October 2009, 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 found several mitigating factors which would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found the overall length and quality of the applicant's service to include his combat service mitigated the discrediting entries in his service record.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the analyst determined 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 SPC/E4.
       
       Futhermore, reference the applicant's request for a honorable discharge, the analyst noted by the applicant's misconduct (i.e. AWOL and failure to go to his appointed place of duty and making a false statement), the applicant diminished the quality of his service below that meriting a fully honorable discharge.
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 29 April 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Documents from Discharge Packet (6 pages), Documents from Medical Records (13 pages), Discharge Orders, dated 9 December 2009, 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 determined that the characterization of service was too harsh, and as result it is inequitable.  The Board found that the overall length and quality of the applicant's service to include his combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails a restoration of grade to SPC/E4.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 4    No change 1
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: SPC/E4












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 AR20100018978
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