Applicant Name:  ?????

Application Receipt Date: 2010/09/15	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “I had just returned from service in Iraq as a new Soldier.  I had only served less than five (5) months on active duty at the time of deployment.  I was not able to handle the events I witnessed while in Iraq and went AWOL shortly after returning from Iraq.  I was having difficulty sleeping, nightmares, paranoia, anxiety and etc.  I have recently filed for PTSD with the VA.  I was not aware of my medical issue(s) (i.e. PTSD) until recently.  After discussing what I was experiencing with other veterans I have filed for disability compensation with the VA for 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: 070711
Discharge Received: 			   Date: 071031   Chapter:   14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: C Company, 50th Signal Battalion (Expeditionary), Fort Bragg, North Carolina 

Time Lost: AWOL x 1 for a total of 542 days (051117 - 071511), apprehended by civilian authorities.

Article 15s (Charges/Dates/Punishment): 070620, AWOL (051122 – 070511), reduced to E-1, forfeiture of $650 pay per month for two months, 60 days restriction, suspended for 30 days, 45 days extra-duty, (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: 040603    Current ENL Term: 4 Years  ?????
Current ENL Service: 	 1   Yrs, 11 Mos, 3 Days ?????
Total Service:  		 1   Yrs, 11 Mos, 3 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 25F10 NET SW SYS OP/MAINT   GT: 113   EDU: HS Grad   Overseas: SWA   Combat: Iraq (041127 - 050818)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR

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 11 July 2007, 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 AWOL (051122 - 070511), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 11 July 2007, the applicant acknowledged receipt of notification of the administrative separation, indicated he understood his right to military counsel, unconditionally waived his right to an administrative separation board (was not entitled), and did not submit a statement in his own behalf.  The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process.  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 10 October 2007, 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 carefully examining the applicant’s record of service during the period of enlistment under review the issues and documents he submitted, the analyst determined that the discharge was both proper and equitable.  There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense.  
       
       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 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 noted the applicant’s issue concerning his recent application to the VA concerning his claim of PTSD.  However, in review of the applicant's 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 14 June 2007, 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 contends he 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.
       
       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: 20 May 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 and a DD Form 214.

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 AR20100023997
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