Applicant Name:  ?????

Application Receipt Date: 2010/10/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade of his discharge to honorable in order to get benefits from the VA for his PTSD condition.  He self-medicated to cope with his condition while in active duty.  Since leaving the Army he has been a productive citizen who no longer drinks.

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: 050601
Discharge Received: 			   Date: 050621   Chapter: 14-12b    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKA   Unit/Location: E Co, 1-66 AR Rgt, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 041014, disobeyed a lawful order not to drink and drive (040420), reduction to E-2, forfeiture of $312, 14 days of extra duty and restriction (CG)

050215, disobeyed a lawful order by consuming alcohol while under the age of 21 (050117), reduction to E-1, forfeiture of $617, 14 days of extra duty and restriction (CG)

Courts-Martial (Charges/Dates/Punishment): 050506, disobeyed a lawful order by drinking while under the age of 21 (050220), broke restriction (050220), 45 days of hard labor without confinement (SCM)

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 030219    Current ENL Term: 4 Years  ?????
Current ENL Service: 	02 Yrs, 04Mos, 03Days ?????
Total Service:  		02 Yrs, 04Mos, 03Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 21B10/Combat Engr   GT: 112   EDU: GED   Overseas: SWA   Combat: Iraq (030411-040318)
Decorations/Awards: NDSM, GWOTEM, 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 1 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, for lying to an NCO (040907), consuming alcoholic beverages while under the age of 21 on two occasions (040120, 050117), and for breaking restriction (050120), with a general, under honorable conditions discharge.  He was advised of his rights.  
       On 4 June 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf (NIF).  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 10 June 2005, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains a Serious Incident Report (SIR) dated 20 February 2005.

       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 issue 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 the repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by two Articles 15 and a summary court-martial for repeated violations of the Uniformed Code of Military Justice.
       
       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 need to get help from the VA for his PTSD condition.  However, eligibility for veteran's benefits to include medical and educational benefits under the Post 9-11 and Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  Under the current rules and with a general, under honorable conditions discharge, the applicant is eligible to receive some benefits from the VA.
       
       Furthermore, the record does not support the issue that the applicant suffered from Post-Traumatic Stress Disorder at the time of his discharge and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.   
       
       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: 1 June 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 AR20100025702
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