Applicant Name:  ?????

Application Receipt Date: 2010/10/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant, through his counsel, states:  “In regards to MA, he entered the military with no disabilities, physical or mental. MA successfully completed his training and was deployed to FOB McHenry Iraq to fight for our country and our freedom and was shot while on patrol. That day MA was paid a visit by Secretary of the Army who told him "Congratulations son. Your going home.". Although it was an honor to be visited by someone of such authority who was only there for thanksgiving dinner, he believes a congratulations from someone he feels is responsible for the lousy care received during his service was short lived. After his injury he was sent to FOB Warrior to receive treatment. While there he was operated on to try to remove the round but without success. When he awoke his team was there and had given him the news that he may never walk again. Two days later he needed to relieve himself but no bed-pan could be found and no nurses were around so he pulls himself out of bed and, using the wall for support, walks to the bathroom, upon his return he finds his doctor with skeptical looks about the seriousness of his injuries thus releasing him a week later back to full service. Barely tolerating the ride back to FOB McHenry in full gear, MA is unable to walk when he arrives. He is put on light duty and is not expected to do anything but make it to the chow hall and back but needs help as he falls many times. He is later sent back to FOB Warrior for physical therapy on recommendation from CPT D who happened to find him.  Four months pass from his injury until he is finally deemed unable to continue service overseas. Upon his return MA is scheduled with a neurosurgeon to remove the round embedded in his spine and is sent to Walter Reed for Post Traumatic Stress Disorder upon recommendation from his peers. Although MA was never diagnosed with P.T.S.D. he was treated for it.  The trauma of war as well as being shot while facing death in a foreign land has caused significant damage to his physical and mental status. MA has had to endure personal stress after his injury. Upon his return from Iraq he was put in for medical discharge. After six months he is instructed that he is in the final processes of the discharge and he only needed approval from the final doctors. Nearly a year later and after his discharge is denied for the third time, he goes A.W.O.L after countless stresses form not receiving pain management and personal attacks from his chain of command.  Any infraction of military regulations that may have ensued could be associated with the possibility of Post Traumatic Stress Disorder. MA is physically and mentally unable to continue with military service and any other line of work he may obtain thereafter. He should be entitled to compensation for the disabilities he acquired during his service. His wife and child also suffer until this unjust action is rectified. We believe an honorable discharge is the least we can ask for.  These factors alone make him one of our heroes and should earn him an honorable discharge.  He was there for our country, we should be there for him!”

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: 090120
Discharge Received: 			   Date: 090313   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: C Co, 1-327 IN Rgt, Fort Campbell, KY 

Time Lost: Total time lost is 461 days.  AWOL for 54 days (061017-061209), apprehended.  Civilian confinement for 407 days (070822-080827).

Article 15s (Charges/Dates/Punishment): 080929, AWOL (070821-080903), forfeiture of $673 for two months, 45 days of extra duty and restriction, the entire sentence was suspended (FG)

070326, wrongfully used marijuana (061216-070116), forfeiture of $650 for two months, 45 days of extra duty and restriction (FG)
060818, wrongfully used cocaine (060521-060620), wrongfully used cocaine (060614-060620), reduction to E-1, forfeiture of $637, 45 days of extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050324    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	02 Yrs, 09Mos, 21Days ?????
Total Service:  		02 Yrs, 09Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 109   EDU: HS Grad   Overseas: SWA   Combat: Iraq (050914-060430)
Decorations/Awards: PH, NDSM, GWOTSM, ICM-CS, 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 20 January 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct - commission of a serious offense, for wrongfully using and possessing marijuana and cocaine on several occasions, being absent without leave (AWOL), and for driving while intoxicated.  The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights.    
       
       On 5 February 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to 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 commanders reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 6 March 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The recod contains two General Officer Memoranda of Reprimand dated 22 December 2006 and 14 February 2007.  

       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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier.  The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of service below that meriting an 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 that he was unfairly treated and discharged because he was possibly suffering from PTSD.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was unjustly discharged.   In fact, the applicant’s three Articles 15 and numerous negative counseling statements justify a pattern of serious misconduct.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation or further evidence in support of his request for an upgrade of his discharge.   
       
       Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.  Moreover, the record shows that on 15 December 2008, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review which included a combat tour to Iraq and his award of a Purple Heart; however, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of serious misconduct and by the multiple negative counseling statements, and the three documented actions under Article 15 of the Uniformed Code of Military Justice.
       
       The analyst found no evidence of arbitrary or capricious actions by the command and 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 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: 10 June 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: NA 

Exhibits Submitted: Petition, Department of Veterans letter dated 1 March 2009, and DD Form 293.

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 AR20110005932
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