Applicant Name:  ?????

Application Receipt Date: 2011/11/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues:  The applicant states that he received a general, under honorable conditions discharge for misconduct shortfy after receiving an honorable discharge and reenlisting.  He feels that his original enlistment was served honorably, which included two deployments to Kuwait, and his second enlistment only lasted a few months.  He contends that his misconduct was primarily mental illness.  He further contends that he was diagnosed with depression and an adjustment disorder while in the Army.  He also contends that his mental health concerns were not properly diagnosed or addressed during his time in the Army, which is partially his fault.  

He states that between 1999 and 2010, he had many troubles in life, including several stints of homelessness and mental illness issues that increased with time.  In 2010, he was diagnosed with schizo-effective disorder and paranoia with depressed mood by the DVA and he was awarded 70 percent service connected disability for which he is very thankful.  He contends that he did not understand how mentally ill he was at the time, but many warning signs had surfaced.

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: 990215
Discharge Received: 			   Date: 990317   Chapter: 14-12c       AR: 635-200
Reason: Misconduct	   RE:     SPD: JKQ   Unit/Location: C Btry, 2-82nd FA, 1st Cav Div, Fort Hood, Texas 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 981116, unlawfully push his spouse (981108); resisting arrest (981108); and disrespectful language towards a NCO (981108); reduction to PVT/E-1, forfeiture of $463.00 per month for two months (suspended), extra duty for 45 days; and restriction for 30 days (suspended), (FG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 980604    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 09 Mos, 13 Days ?????
Total Service:  		03 Yrs, 06 Mos, 00 Days ?????
Previous Discharges: 	RA/950918-980603/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13B10 Cannon Crewmember   GT: 112   EDU: HS Grad   Overseas: NIF   Combat: NIF
Decorations/Awards: AGCM, NDSM, ASR

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 15 February 1999, 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—for assaulting his wife, resisting arrest, and cursing at the MPs when they arrived, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 15 February 1999, 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 28 February 1999, 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, and 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 the former Soldier’s 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.  
       
       Careful consideration was given to the applicant's contention that his misconduct was caused by his mental illness.  The available medical evidence shows the applicant underwent a mental status evaluation on 21 December 1998, and the psychiatrist noted that he had no severe mental illness, he denied any suicidal/homocidal ideations at the time, and he was psychiatrically cleared for any action deemed appropriate by the command.  There is no evidence the psychiatrist indicated the appellant was not responsible for his own actions and behavior.  Further, there is no other medical evidence in his official record.  
       
       In his statement to the commander at the time of his discharge, the applicant contended that he had been diagnosed with a panic/anxiety disorder and mitral valve prolapse, symptomatic; however, there is no supporting medical evidence which shows these diagnoses.  He noted that he had received a rehabilitative transfer; he requested and was enrolled in stress/anger management and communications classes; and was seeing a chaplain on a weekly basis.  Therefore, it appears that before iniating action to separate the applicant, the command attempted to assist the applicant through counseling and rehabilitation. 
       
       The analyst noted that the applicant was diagnosed and service-connected by the DVA for schizoaffective disorder, paranoia with depressed mood on 8 June 2010, 11 years after his discharge from the Army.  There is no medical evidence in the available record and the applicant has not submitted any probative medical evidence that he had this mental condition while he was in the Army.  Further, the DVA operates under its own regulations and policies
       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: 13 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, and DVA Rating

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: ?????

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 AR20110023732
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