Applicant Name:  ?????

Application Receipt Date: 2011/05/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that after his deployment he could not readjust and acquired PTSD/TBI and never received the proper treatment for it.  He served for 9 years and wanted to retire from the Army but after his return from Iraq he developed an addiction that cost him everything.  His chain of command chose to chapter him out instead of providing him treatment. He requests an upgrade of his discharge to either general, under honorable conditions or honorable.

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: 100407
Discharge Received: 			   Date: 100518   Chapter: 10    AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: Rear Det, 1-68 AR Bn, Fort Carson, CO 

Time Lost: 170 days.  AWOL for 129 days (091020-100225), mode of return is unknown; military confinement for 41 days (100226-100407).

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:  24
Current ENL Date: 080314    Current ENL Term: 5 Years  Per ERB in the OMPF
Current ENL Service: 	01 Yrs, 08Mos, 14Days ?????
Total Service:  		08 Yrs, 04Mos, 25Days ?????
Previous Discharges: 	RA 010706-050126/HD
                                       RA 050127-080313/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 94F10/Comp Detect Sys Rpr   GT: 109   EDU: HS Grad   Overseas: Korea, SWA   Combat: Iraq (070204-080410)
Decorations/Awards: AAM-2, AGCM-2, NDSM, GWOTSM, KDSM, ICM-CS, NCOPDR, ASR, OSR-2

V.  Post-Discharge Activity
City, State:  Albuquerque, NM
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the applicant was charged with desertion, in that on 20 October 2009, without authority and with the intent to remain away permanently, absented himself from his unit and did remain so absent in desertion until 26 February 2010), failing to report to his designated place of duty (090915), and leaving his place of duty without authority on two occasions (090925, 090831).  
       On 1 April 2010, 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 that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant did not submit (submitted) a statement in his own behalf.  The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge.  
       
       On 7 April 2010, 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.

       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 partially 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 in Iraq, mitigated the discrediting entries in the service record.  The applicant served for almost eight and a half years, earned two Army Achievement Medals, and the Iraq Campaign Medal after serving a 14-month combat tour in Iraq, and achieved the rank of Sergeant without any other incidents of misconduct or UCMJ actions.  Further, he has provided documentation that indicates he is being treated for PTSD and depression.
       
       In view of the foregoing, 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 SGT/E-5.   
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, VA Care treatment letter, two honorable discharge certificates, awards, AER, copies of congressional correspondence, DD Forms 293 and 149.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding 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 AR20100024477
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