Applicant Name:  ?????

Application Receipt Date: 2011/12/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends suffering from Post Traumatic Stress Disorder (PTSD) that was undiagnosed after returning from deployment that resulted in a misconduct discharge.  He further contend the discharged he received is not applicable to his situation.  

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: 070604
Discharge Received: 			   Date: 070628   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Co, 3-67th AR Bn, Fort Hood, TX 

Time Lost: AWOL for 27 days (070302-070328), returned to unit.   

Article 15s (Charges/Dates/Punishment): 070608, being drunk on duty (070511); reduction to E-1, forfeiture of $650 pay x 2 month, extra duty for 45 days and restriction for 45 days, (FG).

070411, without authority, absented himself from his unit (AWOL) (070302-070328); and being drunk on duty (070214); reduction to E-4, forfeiture of $815 pay x 2 months (one month suspended), extra duty for 45 days and restriction for 45 days, (FG).

070515, the suspension of punishment of forfeiture of $815 pay x 1 month was vacated for the new offense of wrongfully using marijuana (070226-070328). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 060311    Current ENL Term: 05 Years  ?????
Current ENL Service: 	01  Yrs, 02  Mos, 22  Days ?????
Total Service:  		02  Yrs, 11  Mos, 02  Days ?????
Previous Discharges: 	RA-040630-060310/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 121   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (051210-061118)
Decorations/Awards: ARCOM, NDSM, ICM, ASR, OSR, CIB

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 31 May 2007, 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 marijuana, absenting himself from his unit (AWOL)           (070302-070328); and being drunk on duty, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 4 June 2007, 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 service 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 11 June 2007, 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 a careful review of all the applicant’s military records during the period of enlistment under review, 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 the 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 applicant contends suffering from PTSD that was undiagnosed after returning from deployment that resulted in a misconduct discharge.  The analyst acknowledges the independent document (Department of Veterans Affairs) submitted with the application indicating that the applicant was diagnosed with PTSD, determined to be service connected and rated as 50% disabling.  
       
       Further, the applicant's available record does not contain any evidence of in-service diagnosis of PTSD as indicated in the independent documentation from the Department of Veterans Affairs and the applicant did not submit any corroborating evidence of in-service diagnosis of PTSD or any related medical issues indicating the discharge was the result of a medical condition. 
       
       The applicant also contends the discharge he received was not applicable to his situation.  The applicant commited several acts of misconduct.  The command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts. 
       
       Additionally, 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 that 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: 9 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (111215); Memorandum, chapter recommendation, dated (070504); Letter, Department of Veterans Affairs, dated (111102); Department of Veterans Affairs, Rating Decision, four (4) pages, dated (110819); Enlisted Record Brief, (ERB), dated (070522); two (2) Certificates of Completion, dated (110609), (110915); and Progress Notes, three (3) pages, (110916).  

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: 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 AR20110024818
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