Applicant Name:  ?????

Application Receipt Date: 2011/04/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was having marital problems and due to the stress from the military he tried to commit suicide.  He feels that his unit was not trying to help him because he was recommended for a medical discharge but his unit commander denied it. 

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: 100910
Discharge Received: 			   Date: 100930   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: 74th Multi-Role Bridge Company, 62nd Engineer Battalion, 36th Engineer Brigde, Fort Hood, TX 

Time Lost: AWOL x 1 (100518-100523) for 7 days.  The applicant returned to his unit.

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

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/080602    Current ENL Term: 6 Years  ?????
Current ENL Service: 	2 Yrs, 3 Mos, 22 Days ?????
Total Service:  		3 Yrs, 10 Mos, 9 Days ?????
Previous Discharges: 	USAR 061027-061115/NA
                                       RA      061116-080601/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 21C20 Bridge Crewmember   GT: 114   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (080916-090203)
Decorations/Awards: AAM (2), NDSM, GWOTSM, ICMDLw/2 CSS, MUC, NCOPDR, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 4 August 2010, the applicant was charged with AWOL from (100518-100524), failed to go to his appointed place of duty x 16, (100712), (100708), (100707), (100706), (100701), (100630), (100610), (100509), (100508), (100507), (100507), (100507), (100505), (100503), (100430), (100426), disobeyed a lawful command from CPT, his superior commissioned officer (100530), disobeyed a lawful order from SGT, a noncommissioned officer (100707), disobeyed a lawful order from SSG's x 3, noncommissioned officers (100507), (100420), (100414), and with intent to deceive, made an official statement to a CPT, which was totally false (100421).
       The applicant was additionally charged with disobeying a lawful command from a CPT, his superior commissioned officer (100815) and making an official statement to a SGT, which statement was totally false (100815).  On 9 September 2010, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser included offense. 
       
       Further, the applicant indicated that he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted a statement in his own behalf.  The unit commander and intermediate commander's recommended approval of an under other than honorable conditions discharge.  On 16 September 2010, the separation authority approved the discharge with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, 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 evidence of record shows the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. 
       
       The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of it prior to requesting discharge. 
       
       The analyst noted the applicant's issue that he was having marital problems and due to the stress from the military he tried to commit suicide.  The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct.  Specifically, he claims that the stress while he was in the military and his marital issues 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 the stresful situation he was in 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.  Further, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition like a personality or adjustment disorders solely to spare a Soldier who may have committed serious acts of misconduct.  
       
       The applicant further contends that he feels his unit was not trying to help him because he was recommended for a medical discharge but his unit commander denied it.  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: 7 February 2012         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: The American Legion
                1608 K Street, NW
                 Washington, DC 20006-2847

Witnesses/Observers: 
                                       
                                        

Exhibits Submitted: DD Form 293 dated 18 February 2011, self authored statement, DD Form 4/1, DD Form 4/3 Enlistment and Reenlistment Document.  The applicant stated that he submitted 67 pages of Service Medical Records and 93 pages of Service Personnel Records; however, the documents are not attached to the DD Form 293, two character reference letters dated 18 January 2012, court hearing proceedings dated 15 April 2010, Appointment letter to attend Post Hospitalization Group dated 9 February 2012. 

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and as a result, it is inequitable.  Accordingly, the Board voted to grant partial relief by changing the characterization of service to general, under honorable conditions.  The Board determined that the reason for discharge was both proper and equitable and voted not to change it.  This action entails restoration of grade to E-5/SGT.













        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: SGT/E-5

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder



















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 AR20110006579
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