Applicant Name:  ?????

Application Receipt Date: 2011/01/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "Basis of impropriety.  I was diagnosed for a condition which I never received treatment.  This led to the cause of my discharge".

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: 010830
Discharge Received: 			   Date: 011011   Chapter: 14-12c    AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: Detachment, USA Institute of Surgical Research, Ft Sam Houston, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010611, failed to go at the time prescribed x6 (010410, 010426, 010502, 010509, 010426, 010514) and go from his appointed place of duty (010514); reduction to E4 and a verbal reprimand (FG)

010906, stole 1 Sony home theater speaker system, 1 pair of women's pants, 2 women's pantsuits, 1 women's dress blouse, 2 speaker wire cables and 1 Sony CD/DVD player, property of AAFES (010723); reduction to E3 (FG)

010119, failed to go at the time prescribed (001205); 14 days extra duty (Summ)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  37
Current ENL Date: 990604    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 04Mos, 07Days Extension of service at request and for the convenience of govt
Total Service:  		14 Yrs, 08Mos, 08Days ?????
Previous Discharges: 	RA 870204-990603/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 91V10 Respiratory Spec/91B10 Medical Spec   GT: 115   EDU: 3 yrs of college   Overseas: Germany, Korea, Kuwait   Combat: None
Decorations/Awards: ARCOM x3, AGCM x4, NSDM, SASM w/3BSS, NCOPDR w/2, ASR, OSR x2, KLM (SA), KLM (KU), CMB, EFMB

V.  Post-Discharge Activity
City, State:  San Antonio, TX
Post Service Accomplishments: The applicant states that he is the Co-Chairman of the South Texas Veteran's Mental Health Advisory Council.


 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 August 2001, 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—for larceny and failure to pay just debt; in addition, failure to go to his appointed place of duty on numerous occasions, with an general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 30 August 2001, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 24 September 2001, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contains an MP Report citing the applicant with larceny of AAFES property dated 010723 and larceny of private funds by uttering worthless checks dated 010615.

       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 and documents 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 service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of the former Soldier’s 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 contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims stress at work and family issues at home resulted in his discharge.  While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.
       
        The record does not support the applicant’s contention of him being diagnosed with service connected manic depression, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.
       
       There is no evidence of record and the applicant has submitted no probative medical evidence that he had a medical problem which rendered him disqualified for further military service and that he was not able to perform his duties, with either medical limitation or medication.  
       
       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: 22 February 2011         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: None 

Exhibits Submitted: DD Form 214, self-authored statement (7 pages), Claim for the Department of Veterans Affairs, 6 character reference letters, a copy of the discharge certificate 

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 AR20110000980
______________________________________________________________________________


Page 3 of 3 pages