Applicant Name:  ?????

Application Receipt Date: 2010/08/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "First, I feel like I was wronged and lost my support chain. A little background information is I was not a bad soldier prior to coming back from Iraq. I had not even received one reprimand. When I was deployed to Iraq I witnessed a very close friend commit suicide in very close proximity of me. I had been talking to him the night prior about some issues going on and could tell he was depressed but had no idea of his intentions. This has messed me up heavily mentally and emotionally. Upon redeploying back to Bragg I was still having issues understanding this and understanding what was going on in my head along with other instances that had occurred in Iraq. I asked my 1st SGT for help but his response was "you will be ok". Symptoms got worse and I started to feel depressed and started to feel like I had no help and turned to outside resources not approved from the military yet this was only a temporary band aid. I then got a positive urinalysis and was discharged from the military for misconduct. Upon the medical review soldiers must go thru it was found that I was suffering from PTSD before it was a well known and documented persistent issue. I then got married and now also have two awesome kids (age 4&2). Honestly my wife and my kids is the best thing that could have happened to me because it gave me something to care about. I feel like I got the raw end of the deal from the military especially after I had 2 deployments for this country yet have nothing to show. I have issues still to this day that I have started to address with the Durham VAMC here getting treatment for PTSD and TBI. I just feel that my chain of command let me down for not addressing issues I had made aware BEFORE being discharged. With my discharge ( general under honorable conditions ) I don't even have rights to a proper military burial. I am bitter over this and have lived with the stress of this over 5 years now and then found out from the VA that I can try to get this corrected because of my unique situation. All I am asking is please take the time to consider my request and situation so that I feel honorable again and not ashamed of my service. I needed help in 05 and did not receive it. Please don't let history repeat itself."

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: 050105
Discharge Received: 			   Date: 050217   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: A Co, 2-505th IN Regiment, Fort Bragg, NC,  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040214, wrongfully used marijuana (04101-041201), forfeiture of $596 for two months, 45 days of extra duty and restriction (FG)

041206, disobeyed a lawful order from a commissioned officer (041104), with intent to deceive provided a false statement (041201), forfeiture of $200, 14 days of extra duty and restriction (CG)

041028, violated a lawful general regulation by distributing alcohol to a person under the age of 21 (021205), with intent to deceive provided a false statement (041224), reduction to E-1, forfeiture of $596 for two months, 45 days of extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 



IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020128    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 00Mos, 20Days ?????
Total Service:  		03 Yrs, 00Mos, 20Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 110   EDU: GED   Overseas: SWA   Combat: Afghanistan (021216-030822), Iraq (040110-040428)
Decorations/Awards: NDSM, GWOTSM, GWOTEM, 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 5 January 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 wrongfully using marijuana, disobeying a lawful order from an NCO, distributing alcohol to a person under the age of 21, and providing a false statement, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       The applicant’s election of rights document is not contained in the record and the analyst presumed government regularity in the discharge process.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitation.  The intermediate commander reviewed the proposed elimination action and recommended approval with a general, under honorable conditions discharge.  
       
       On 6 June 2005, 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 all the applicant’s military records, and 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his repeated incidents of serious misconduct, the applicant diminished the quality of his 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 analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review which included two combat tours.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct and by the multiple negative counseling statements contained in his service record.  The applicant’s service was marred by three Articles 15 for violations of the UCMJ and several negative counseling statements.
       
       The applicant contends that he was suffering from PTSD, received no help from his chain of command and turned to unapproved ways to help himself.  However, the record does not support the issue that the applicant suffers from Post-Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  Further, the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       Additionally, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       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: 13 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None























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: NA
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 AR20100020250
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