Applicant Name:  

Application Receipt Date: 2010/07/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "PTSD." 

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: 090528
Discharge Received: 			   Date: 090616   Chapter:  14-12b      AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Echo Company, 2nd Battalion, 7th Infantry Regiment, 1st Heavy Brigade Combat Team, 3rd Infantry Division, Fort Stewart, GA 

Time Lost: Pre-trial confinement for a total of 31 days (090517 – 090616).

Article 15s (Charges/Dates/Punishment): 081119, failed to go at the time prescribed to his appointed place of duty (Vehicle Movement Preparation Formation), extra duty for 14 days, restriction for 14 days to the limits of Hinesville and Fort Stewart, GA, (Summarized).

090225, drunk and disorderly (081217), assault SSG F by bumping him in the chest (081217), disobeyed a commissioned officer not to drink alcohol (081217), disobeyed a lawful command not to contact his wife (081217),reduction E-4, extra duty for 5 days, (FG).


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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 080310    Current ENL Term: 5 Years  ?????
Current ENL Service: 	1  Yrs, 2 Mos, 7   Days ?????
Total Service:  		4  Yrs, 6 Mos, 15 Days ?????
Previous Discharges: 	RA 041102 - 080309/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 21B10 Combat Engineer   GT: 112   EDU: HS Grad   Overseas: SWA   Combat: Iraq (050505 - 060123), Afghanistan (070310 - 080525)
Decorations/Awards: ARCOM x 3, AGCM, NDSM, ACM w2/CS, GWOTSM, ICM w/CS, ASR, OSR x 2

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 28 May 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of misconduct, pattern of misconduct for failing to report to his appointed place of duty on 17 October 2008, failing to obey a lawful order given by 2LT M on 17 November 2008, being charged with simple assault on 14 December 2008 and being arrested by the Hinesville Police Department on 16 May 2009 and being charged with battery and interfering with calls for emergency assistance , with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 1 June 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf.  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 4 June 2009, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       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 the applicant’s military records, the issue 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The analyst noted the PTSD diagnosis from the Veterans Administration and the disability rating granted.  However, in review of the applicant's available service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 31 December 2008, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  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.
       
       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.  
       
       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: 18 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, VA documents.

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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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 AR20100019640
______________________________________________________________________________


Page 1 of 3 pages