Applicant Name:  ?????

Application Receipt Date: 2010/10/12	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 fully honorable and a change to the narrative reason for separation to medical.  He contends that he was referred to the Army for Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) programs before being discharged and did not receive any help.

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: 091013
Discharge Received: 			   Date: 091029   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: E Co, 2-7th Cavalry Regt, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090811, violated a lawful general regulation, by wrongfully consuming alcohol while underage (081025); wrongfully used provoking words towards Mrs. WLJ (090602); unlawfully push Mrs. WLJ into the wall with his hands (090602); and drunk and disorderly which conduct was of a nature to bring discredit upon the Armed forces (090602), (CG).   

081029, violated a lawful general regulation, by wrongfully consuming alcohol while underage (081025); However, the punishment is not annotated in block 4 of the Article 15, (CG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 080424    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01  Yrs, 06 Mos, 06 Days ?????
Total Service:  		01  Yrs, 06 Mos, 06 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 21E10 Y2 Construction Equipment Repairer   GT: 103   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (081102-090915)
Decorations/Awards: ARCOM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR, CAB

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 October 2009, 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 wrongfully consuming alcohol underage x 2 (091025), (090602); and drunk and disorderly conduct (090602), with a general, under honorable conditions discharge.  He was advised of his rights.  
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.
       
       On 14 October 2009, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Military Police Report, dated 11 June 2009, with additional offenses.

       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 and the issues submitted with the application, the analyst found no mitigating factors that 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 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 applicant requested that his narrative reason for discharge be changed to medical.  The narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," the separation code is "JKA,"  and the reentry eligibility (RE) code is "RE 3."  
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation. 
       
       The applicant contends that he was referred to the Army Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) programs before being discharged and did not receive any help.  The analyst acknowledges the independent documentation (private practice) and the VA document diagnosing the applicant with PTSD and TBI.  However, the record shows that the applicant underwent a mental evaluation which indicates that his PTSD and TBI screens were remarkable and he did present persistent mental health symptoms consistent with major bio-psychosocial pathology and that long term treatment and continuity of care may benefit the applicant.  
       
       At this time the applicant does have future appointments to determine his best treatment.  Further, the mental status evaluation shows that the applicant has the mental capacity to participate in a board or any other administrative proceedings deemed appropriate.  Subsequently, the unit commander recommended the applicant for separation due to various acts of misconduct.
       
       Also, 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.  The analyst 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 that 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: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (100915); Letter, Professional Counseling Service, dated (090903); Mental Health Counsultation, two (2) pages, dated (100818); Letter, Department of Veterans Affairs, dated (100902); and a DD Form 214, dated (091029. 

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: 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 AR20100025773
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