Applicant Name: ?????
Application Receipt Date: 2011/09/15 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states: "I feel that my discharge of under other than honorable conditions is not only misleading but grossly unfair, because of my prodromal symptoms with schizophrenia while serving in Iraq and receiving medical attention prior to returning state side and separation from the Army."
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: 080328
Discharge Received: Date: 080505 Chapter: 14-12b AR: 635-200
Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: HHB, 1/76st FA, Fort Stewart, GA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070614, Assault on a noncommissioned (070420), wrongfully communicating a threat toward a noncommissioned officer (070420), disobeying a lawful order from a noncommissioned officer (070523), and making a false official statement to a commissioned officer (070424), reduction to E2; forfeiture of $303.00 pay per month for one month (suspended); extra duty for 14 days; and restriction for 14 days, (CG).
070718, suspension of punishment of $303.00 pay per month for one month was vacated for disobeying a lawful order from a senior noncommissioned officer (1SG) (070615).
070823, Disobeying a lawful order from a commissioned officer (070727), reduction to E1; forfeiture of $650.00 pay per month for two months (suspended); extra duty for 45 days; and restriction for 45 days, (FG). The document makes reference to a continuation sheet, however, the continuation sheet was not found in the available records.
Courts-Martial (Charges/Dates/Punishment): 080326, SCM, Disobeying a lawful order from a noncommissioned officer (080226), dereliction of duty (080216), and sleeping on guard duty (080303), confinement for 30 days and forfeiture of $898.00.
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 28
Current ENL Date: 060719 Current ENL Term: 03 Years 19 Weeks
Current ENL Service: 01 Yrs, 09 Mos, 17 Days ?????
Total Service: 01 Yrs, 09 Mos, 17 Days ?????
Previous Discharges: None
Highest Grade: E3 Performance Ratings Available: Yes No
MOS: 92Y10/Unit Supply Specialist GT: 92 EDU: 14 Yrs Overseas: Southwest Asia Combat: Iraq (071017-080423)
Decorations/Awards: ICM
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 28 March 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for being convicted at a Summary Court-Martial, receiving two Article 15's, and for having been counseled several times for misconduct, with an under other than honorable conditions discharge. He was advised of his rights.
The applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 discharge action and recommended approval with an under other than honorable conditions discharge.
On 7 April 2008, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of under other than honorable conditions.
b. Legal Basis for Separation:
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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 applicants military records during the period of enlistment under review, the documents, and the issues he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
The applicants 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. By his misconduct, the applicant diminished the quality of his 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 applicants service mitigated the misconduct or poor duty performance.
Furthermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. Having examined all the circumstances, the analyst determined that the applicants numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. These incidents of misconduct clearly diminished the quality of the applicants service below that meriting a general, under honorable conditions discharge.
The analyst acknowledges the independent document (Mental Health Center of Denver) submitted with the application indicating that the applicant was evaluated and treated for the diagnosis of Schizophrenia, Paranoid subtype. However, the applicant's available record does not contain any evidence of inservice diagnosis of Schizophrenia, Paranoid as indicated in the independent documentation and the applicant did not submit any corroborating evidence of inservice diagnosis of Schizophrenia, Paranoid or related medical issues.
In view of the foregoing, 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: 2 May 2012 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, Letter of Support, Discharge Summary from the Georgia Regional Hospital at Savannah, and DD Form 214 for the period of service under review.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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: NA
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 AR20110019658
______________________________________________________________________________
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