Applicant Name:  ?????

Application Receipt Date: 2010/08/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions, so he can receive VA benefits to help him readjust and heal from his disabilities.  He contends suffering from a major depression disorder, Post Traumatic Stress Disorder  (PTSD), and ODD. 

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: 051205
Discharge Received: 			   Date: 060120   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Trp, 1-11th ACR, APO AE 09372 

Time Lost: AWOL for 41 days (050619-050729), apprehended.  However, this period is not annotated on the DD Form 214 block 29, dates of time lost during this period.  Also, the applicant was confined by Military Authorities for 30 days, this period is not annotated on the DD Form 214 block 29, dates of time lost during this period. 

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

Courts-Martial (Charges/Dates/Punishment): 051118, SCM, without authority, absented himself from his unit (AWOL) (050622-050729); reduction to E-1, forfeiture of $823 pay, and confinement for 30 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 020620    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03  Yrs, 07 Mos, 01 Days ?????
Total Service:  		04  Yrs, 03 Mos, 09 Days ?????
Previous Discharges: 	USAR-011012-020619/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewman   GT: 116   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (050202-060105)
Decorations/Awards: NDSM, 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  29 December 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 being guilty of AWOL from his assigned unit, apprehended by civilian authorities, and receiving a Summary Court-Martial, with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 30 December 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by 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 and senior intermediate commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 4 January 2006, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of under other than 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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions.  
       
       There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable.  While the applicant’s misconduct is not condoned, the analyst found that the length of the applicant’s service; to include his combat service, and the circumstances surrounding his discharge (i.e., diagnosis by competent medical authority, independent diagnosis of his mental issues), mitigated the discrediting entry in the service record.  
       
       Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 4 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Military Order of the Purple Heart
                 National Service Officer
                 VA Regional Office Room 565
                 Des Moines, IA 50309 

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100519); Continuation of DD Form 293 block 6;  DD Form 214, dated (060120); Letter, Applicant's Mother, three (3) pages, dated (100720); E-mail Traffic, six (6) pages; Page of Photos; Letter, Ottumwa Psychiatric Clinic, dated (050615); DD Form 3822-R (Report of Mental Status Evaluation), dated (050609); and Court Order for Temporary Removal, Setting Hearing and Appointing Counsel, five (5) pages, dated (050715). 


 

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 2    No change 3
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: None































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 AR20100021355
______________________________________________________________________________

Page 1 of 3 pages