Applicant Name:  ?????

Application Receipt Date: 2011/08/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:  The applicant, in essence, states that he believes he deserves on honorable discharge based upon the quality of his service over an 11 year period.  He contends that he was diagnosed with post-traumatic stress disorder (PTSD), bipolar [sic], depression, and other mental disorders, and that he was being processed for a medical discharge until the general court-martial convening authority determined that he should instead be discharged for misconduct.

He contends that his misconduct was due to his mental disorders and his prescribed medication (to include Ambien), as well as his family problems.  

He further implores the Board to reconsider the reasons it denied his unemployment compensation request. . He believes he should be awarded financial compensation of some kind, because he cannot look for work on his own without financial help backing him up while he still cannot find a job. 

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: NIF
Discharge Received: 			   Date: 110603   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 123D BSB, Fort Bliss, Texas 

Time Lost: AWOL x 2 for a total of 8 days (091029-091102; 091127-091129); mode of return unknown

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 070110    Current ENL Term: 6 Years  ?????
Current ENL Service: 	04 Yrs, 04 Mos, 24 Days ?????
Total Service:  		11 Yrs, 03 Mos, 06 Days ?????
Previous Discharges: 	RA/000221-030220/HD
                                       IRR/030221-050921/NA
                                       RA/050922-070109/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Sppl Spec   GT: NIF   EDU: HS Grad   Overseas: Bosnia, Southwest Asia   Combat: Iraq (061102-080119)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, AFEM, GWOTSM, NM, ICMw/CSS, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  Coquille, OR
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c(1) by reason of misconduct (serious offense), with a characterization of service of general, under honorable conditions. 
       
       Furthermore, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct- serious offense) with 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 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 available 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 applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct—commission of a serious offense, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary, 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.  
       
       The applicant's contentions were carefully considered.  However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record.
       
       The analyst noted the applicant's contention regarding access to unemployment benefits; however, this issue does not fall within the purview of this Board and the applicant was not denied unemployment benefits by the Army. The applicant must pursue his claim to unemployment benefits through the appropriate agency. 
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears 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: 16 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Veterans Service Office, Kay Ducheneaux, Coos County Courthouse, Coquille, OR  97423

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 with self-authored statement; DD FOrm 214; DA Form 3349; Oath of Enlistment (DA Form 5689); DA Form 256A (Honorable Discharge); Promotion Certificate; ARCOM; Promotion Point Worksheet; Promotion Board Proceeding Memorandum; Record Fire Scorecard; Certificates of Achievement; and a statement from his pschiatrist, dated 1 July 2009. 

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						
Board Vote:
Character - Change 0    No change 5
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: None
Other: None
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20110017168
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