Applicant Name:  ?????

Application Receipt Date: 2011/12/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his recruiter knew he suffered from OCD when he enlisted.  He believes this OCD was aggravated by being deployed to Iraq; therefore, he is requesting his discharge to be upgraded to honorable.  He served one tour in Iraq and is very proud of his service.  He understands he had problems; however, he saw combat and believes that is what aggravated his OCD.  His work performance suffered when he returned from Iraq and he requested counseling.  However, there was little time for counseling because his unit was training to go to Afghanistan.  His command tried to discharge him twice, and reduced him to E-3 and then to E-1 due to heavy drinking.

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: 090202
Discharge Received: 			   Date: 090309   Chapter: 14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Rear Detachment Company, 4th Brigade Special Troops Battalion, Fort Carson, Colorado 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090606, incapacitated for the proper performance of his duties as a result of wrongful previous overindulgence in intoxicating liquor or drugs (081205); without authority, failed to go that time prescribed to his appointed place of duty, 0630 physical training formation (081205); reduction to E-1; forfeiture of $673 pay per month for one month; extra duty for 30 days; restriction for 30 days; (FG).

080909, vacation of suspension of imposed punishment of forfeiture of $393 pay per month for one month (080805); having been restricted to the limits of Fort Carson, Colorado, broke said restriction (080809).

080805, without authority, failed to go that time prescribed to his place of duty, 0600 formation (080618); without authority, failed to go that time prescribed to his place of duty, 0845 formation (080701); without authority, failed to go that time prescribed to his place of duty, 0630 formation (080718); imposed punishments are NIF; (CG).

070812, at FOB Rustimyah, Iraq, without authority, failed to go at the time prescribed to his appointed place of duty, 0900 work call (070703), (070723), (070725); at FOB Rustimyah, Iraq, without authority, failed to go at the time prescribed to his appointed place of duty, 0700 corrective training (070615) and 1400 corrective training (070520); imposed punishments are NIF; (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 050920    Current ENL Term: 4 Years  ?????
Current ENL Service: 	3  Yrs, 5 Mos, 20 Days ?????
Total Service:  		3  Yrs, 5 Mos, 20 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 25N10 NODAL Network Systems   GT: 99   EDU: HS Grad   Overseas: SWA   Combat: Iraq (061009 - 080101)
Decorations/Awards: ARCOM x 2, NDSM, ICM w/CS, GWOTSM, ASR, OSR, MUC

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 2 February 2009, 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 misconduct, for receiving one Company Grade Article 15 and one Field Grade Article 15 and a vacation of suspension with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 2 February 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 a general, under honorable conditions discharge.  
       
       On 3 February 2009, the separation authority waived further rehabilitative efforts 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 a careful review of the applicant’s available military records, the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.  
       
       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.  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 applicant’s service mitigated the misconduct or poor duty performance.  
       
       The analyst noted the applicant's contention of having OCD; and his contention that his OCD was exasperated by his combat tour in Iraq.  The applicant's record does not support his contention, and he has not submitted any evidence to support his claim.
       
       In review of the applicant's service record, the analyst found that his contention of a medical condition did not overcome the reason for discharge and the characterization of service granted.  The record shows that on 12 February 2009, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong and that he had been previously cleared through mental health assessments for administrative separation.
        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: 8 June 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]

Witnesses/Observers: None 

Exhibits Submitted: DD Form 149, statement in support of claim 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 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: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20110024811
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