Applicant Name:  ?????

Application Receipt Date: 2010/07/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Through counsel, the applicant states, in effect, that the applicant has been unemployable since his return from Iraq due to symptoms of PTSD which include nightmares, migraines, vomiting, and panic attacks.  Since he was discharged under Other than Honorable (OTH) conditions, he is unable to receive compensation benefits from the VA and presently has no means of support.  A upgrade is justified because of his courageous service as a medic in Iraq at Ibn Sina, the busiest Army trauma center in Iraq during the height of the insurgency, where he dealt with death, mutilation, and catastrophic injuries on a daily basis.  The behavior that led to his discharge occurred upon return to CONUS when he suffered from severe PTSD, depression, and a dissociative disorder.  The applicant’s otherwise outstanding service renders the OTH discharge inequitable.

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: 070327
Discharge Received: 			   Date: 070410   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Alpha Company, 10th Combat Support Hospital, Fort Carson, CO 

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:  23
Current ENL Date: 041026    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 5  Mos, 15 Days ?????
Total Service:  		2 Yrs, 5  Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 68W10 Health Care Specialist   GT: NIF   EDU: 2 Year College Degree   Overseas: Iraq   Combat: Iraq (051017 - 061007)
Decorations/Awards: AAM, NDSM, GWOTSM, ICM, ASR, OSR

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






VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 March 2007 the applicant was charged with willfully and wrongfully damaging by bending the rear window of a Jeep Wrangler, a value greater than $500.00, the amount of said damage being the sum of about $700.00, the property of Ms. F (070226), and with wrongful use of cocaine (070131 - 070202).  
       
       On 22 March 2007, 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 he understood he could receive an under other than honorable conditions discharge and 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 28 March 2007, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.
       
       On 26 February 2007, the Fort Carson Military Police were notified that the applicant had broken the rear window and ben the widow frame of F's black jeep which was parked and unattended.  The applicant was apprehended and transported to the Fort Carson Police station, at which time it was detected that he was under the influence of an unknown medication.  Emergency medical services responded and transported the applicant to Evans Army Community Hospital for treatment and evaluation. 

       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 as a medic, the supporting letters from superiors and co-workers, and the supporting medical documents from the Army showing a diagnosis of post-traumatic stress disorder, depressive disorder not otherwise specified, substance abuse disorder by history, blackouts, and headaches 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 SPC/E-4.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 16 March 2011         Location: Wahsington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement by counsel, multiple letters of support, portions of case file, medical documents, and a DD Form 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 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 AR20100020017
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