Applicant Name:  ?????

Application Receipt Date: 2011/09/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "The discharge is improper because my behavior while assigned to the WTU, Ft. Benning was uncharacteristic due to numerous medications that altered my mood and caused severe drowsiness.   Until I was evacuated from F.O.B. Shank, Afghanistan, for possible Lyme disease I was a hard worker and received several certificates of appreciation and achievement from supported units.  I volunteered to deploy with another AL ARNG unit and was proud to serve.  I was evacuated to Bagram Airbase after 6 months for possible Lyme disease.  I was then sent to Landstuhl Regional Medical Center in Kaiserslautem, Germany for further treatment and finally sent to the Benning WTU.  The physicians at Martin Army Community Hospital reevaluated me and changed my diagnosis from Lyme disease to iritis.   In addition I was diagnosed with Post-Traumatic Stress Disorder (PTSD), Anxiety, and Attention Deficit Disorder (ADD).  I was put on various medications that caused me to sleep so deeply I would not hear my alarm clock and miss formation and cause mood swings.  It is my deepest wish to have my discharge upgraded to an Honorable Discharge so I can receive my educational benefits and possibly rejoin the military with my father and brother.  Since leaving the military I’ve worked several jobs but miss the military structure and camaraderie of being a Soldier."

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: 100819
Discharge Received: 			   Date: 101223   Chapter: 14-12c(2)      AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Alpha Company, Warrior Transition Battalion, USAMEDDAC, Fort Benning, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100721, without authority, failed to go at the time prescribed to his appointed place of duty, 1015 Physical Therapy appointment (100505), (100507), and (010527); without authority, failed to go at the time prescribed to his appointed place of duty, corrective training, (100507); without authority, failed to go at the time prescribed to his appointed place of duty, 1000 appointment with Neurology Network (100506); without authority, failed to go at the time prescribed to his appointed place of duty, 0830 appointment with Neurology Network (100601); without authority, failed to go at the time prescribed to his appointed place of duty, 1030 Nurse Case Manager appointment (100520); disobeyed a lawful order issued by SSG ZJ, to report to the Staff Duty for Corrective training to sign in from 1700-2100 hours every hour for one week (100504 – 100511) failed to obey the same (100507); wrongfully used Amphetamine a Schedule I controlled substance (100502 – 100602); wrongfully used Methamphetamine a Schedule I controlled substance (100502 – 100602); reduction to E-3, suspended to be automatically remitted if not vacated (101121), extra duty for 30 days restriction to the limits of Fort Benning, GA, for 30 days, oral reprimand; (FG).  

100820, the suspension of the punishment of reduction to E-3 was vacated based on the following; broke restriction (100725). 







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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 090510    Current ENL Term: 6 Years  ?????
Current ENL Service: 	1  Yrs, 7 Mos, 14 Days ?????
Total Service:  		5  Yrs, 0 Mos, 23 Days ?????
Previous Discharges: 	ARNG 051130 - 090509/HD concurrent service
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91B10 Wheeled Vehicle Mechanic   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (090622 - 100206)
Decorations/Awards: NDSM, ACM w/CS, GWOTSM, AFRM w/M, OSR, 

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 August 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, Section III, AR 635-200, by reason of misconduct, commission of a serious offense, for testing positive for Amphetamine and Methamphetamine (100602), failing to be at his appointed place of duty at various times (100419 – 100601), failing to obey a lawful order (100507), driving with a suspended license and breaking restriction (100727), with an under other than honorable conditions discharge.  He was advised of his rights.
       
       On 31 August 2010, the applicant consulted with legal counsel and voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than general, under honorable conditons; the separation authority disapproved the applicant's waiver request.  
       
       On 10 November 2010, the applicant was notified to appear before an administrative separation board and advised of his rights.  
       
       On 2 December 2010, 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 commander reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 9 December 2010, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The record contains a Muscogee County Sheriff's Office, case 689-10 dated 25 July 2010.

       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 several mitigating factors which would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions.  
       
       The analyst does not condone the applicant’s misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable.  The analyst found the length of the applicant's service to include the former Soldier’s combat service and the medical circumstances surrounding the discharge mitigated the discrediting entries in his service record.
       
       The analyst noted the applicant's contention of PTSD; however, 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.    
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be 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.
       
       Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as general, under honorable conditions.  In view of the foregoing, the analyst recommends to the Board that the general, under honorable conditions discharge be administratively retained as a partial grant. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “4.”  An RE code of “4” cannot be waived and the applicant is no longer eligible for reenlistment. 
       
       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: 21 March 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, Certificate of Achievement and a DD Form 214

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 someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as general, under honorable conditions.  In reviewing this case the Board found the character of service is too harsh based on the applicant's length, quality of his service, and combat service and voted to retain the character of service as general, under honorable conditions.  This action does not require the issuance of a new DD Form 214.  Except for the foregoing modifications, the Board determined the discharge was both proper and equitable and voted not to change it.




IX.  Board Decision						
Board Vote:
Character - Change 3    No change 2
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: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20110017910
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