Applicant Name:  ?????

Application Receipt Date: 2010/11/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "I had asked for help and never recieved it do not remember the incident only again I woke up in the hospital with them telling me what happened."

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: 100219
Discharge Received: 			   Date: 100308   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: C Co, 2/22d Inf Regt, 1st BCT, 10th Mount Div, Fort Drum, NY 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): 100122, SCM, Failing to register his handgun, wrongfully discharging a firearm, and wrongfully possessing a handgun (090926), reduction to E1 and forfeiture of $724.00.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 070417    Current ENL Term: 03 Years  16 Weeks
Current ENL Service: 	02 Yrs, 11 Mos, 26 Days ?????
Total Service:  		02 Yrs, 11 Mos, 26 Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 91   EDU: GED   Overseas: Southwest Asia   Combat: Iraq (070907-081030)
Decorations/Awards: AAM, NDSM, GWOTSM, ICM-w/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  Shelby Twp, MI
Post Service Accomplishments: None Listed












VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 February 2010, 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 having received on (100122) a Summary Court-Martial, pleading and being found guilty of failing to register his handgun, willfully and wrongfully discharging a firearm in the on-post quarters of another Soldier, and knowingly and wrongfully possessing a weapon, with an under other thatn honorable conditions discharge.  He was advised of his rights.  
       
       On 23 February 2010, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to appear before 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 commander reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.
       
       On 3 March 2010, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with a characterization of service of under other than honorable conditions.
       
       The applicant's record contains a Military Police Report, dated 26 September 2009.
       
       The analyst noted that on the applicant's DD Form 214 block 27, reentry eligibility (RE) code reads "4." According to AR 635-5-1, Separation Program Designator (SPD)/Reentry (RE) Codes Cross-Reference Table, requires a reentry eligibility (RE) code of "3."

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 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 which would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       There was a full consideration of all service including the infraction(s) of discipline, the extent thereof, and the seriousness of the offense(s).  The analyst determined that the characterization of service was inequitable.  The analyst found the length and quality of the applicant's service to include his combat service mitigated the discrediting entries in his service record.  Further, the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient merit to warrant an upgrade of the discharge being reviewed.  
       
       
       
       
       
       
       
       
       
       
       The analyst noted the applicant's request for an upgrade of his characterization of service to honorable.  However, by his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.
       
       The applicant contends that he asked for help and never recieved it.  The analyst noted the independent documents submitted by the applicant indicating that he was suffering from Post Traumatic Stress Disorder (PTSD),  Depressive Disorder NOS, and a history of alcohol abuse.  However, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The analyst concluded that just because the applicant suffers from PTSD and Depressive Disorder NOS 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.
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the analyst determined 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: 27 July 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application, DD Form 149, The Journal of the Armerican Osteopathic Association, dated September 2010, General Power of Attorney, Statements of Support, Documents from [redacted] Regional Medical Center and [redacted] Medical Center DD Form 214 for the period of service under review.

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 found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code as "4."  In view of this error, the Board voted to administratively correct block block 27, reentry eligibility (RE) code to "3."  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the Board determined that the reason for discharge was both proper and equitable, and voted not to change it.  

















        
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: The Board directs ARBA Promulgation-Arlington to administratively correct block 27, reentry eligibility (RE) code to "3."										
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 AR20100026732
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