Applicant Name:  ?????

Application Receipt Date: 2011/10/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that after returning from Iraq he was suffering from PTSD and did not seek help because members of his unit would think of him as being weaker.  As for his AWOL he explains that it wasn’t his fault because one day after having gone to Austin, TX, he was abandoned by his friend and left on the road back to Fort Hood.  He ended up staying at Austin for one week.

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: 090123
Discharge Received: 			   Date: 090310   Chapter: 14-12c(2)    AR: 635-200
Reason: Misconduct (Drug Abuse)	   RE:     SPD: JKK   Unit/Location: Rear Det, Spc Troops Bn, Fort Hood, TX 

Time Lost: 9 days total for being AWOL twice (081104-081109 and 081201-081203), returned to his unit.

Article 15s (Charges/Dates/Punishment): 081209, AWOL (081104-081109), wrongfully used marijuana (080902-081002), reduction to E-1, forfeiture of $673 for two months, 45 days of extra duty and an oral reprimand (FG)

090114, AWOL (081201-081203), forfeiture of $699 for two months and 45 days of extra duty (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: 070201    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	02 Yrs, 01 Mos, 01 Days ?????
Total Service:  		02 Yrs, 01 Mos, 01 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 91   EDU: HS Grad   Overseas: SWA   Combat: Iraq (dates NIF)
Decorations/Awards: NDSM, ASR

V.  Post-Discharge Activity
City, State:  Naples, FL
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 23 January 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for wrongfully using illegal drugs, receiving two Article 15s (081209, 090114) for wrongful use of marijuana, being AWOL two times (081104-081109 and 081201-081203), and failing to report two times (090111, 090112), with a general, under honorable conditions discharge.  He was advised of his rights.  
       On 29 January 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, 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 elimination action and recommended approval with a general, under honorable conditions discharge.  
       
       On 20 February 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       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 carefully examining the applicant’s record of service during the period of enlistment under review, the issue, and the documents submitted with the application, the analyst found that the discharge was both proper and equitable.  
       
       The applicant contends that he was unjustly discharged because he was suffering from PTSD.  However, 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 special 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 the misconduct diminished the quality of his service below that meriting a fully honorable discharge.  The applicant’s service was marred by two field grade Article 15s and numerous violations of the Uniformed Code of Military Justice including being absent without leave two times, wrongfully using illegal drugs, and failing to report to his designated place of duty on multiple occasions.
       
       The analyst acknowledges the applicant's diagnosis of PTSD as outlined in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for his discharge and the characterization of service granted.  The record shows that on 17 December 2008, the applicant underwent a mental evaluation which indicates that he had some of the symptoms of PTSD but was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  The analyst concluded that just because the applicant suffers from PTSD does not mean he didn’t know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.  
       
       Furthermore, 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 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: None

Witnesses/Observers: NA 

Exhibits Submitted: A self-authored statement, VA claim, and documents related to his diagnosis of PTSD

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: 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 AR20110021138
______________________________________________________________________________


Page 1 of 3 pages