Applicant Name:  ?????

Application Receipt Date: 2012/01/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was diagnosed and suffers from PTSD.  The drug incident was a direct result of the disorder and he had been self medicating with over the counter medications and alcohol.  He wants an upgrade in order to get the help and medication he needs.  He feels that he was ill advised by his trial defense lawyer to what the outcome of a chapter 10 would be.  He was accused of false entry and reenlistment when he did everything in accordance to the guidance given and to the best of his knowledge with no unlawful intent.  He feels that his discharge is inequitable because it was based on one isolated incident in 14 years of service with no other adverse action.

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: 110802
Discharge Received: 			   Date: 110901   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: HQ & HQ Company, 1st Battalion, 35th Armor Regiment, 2nd Heavy Brigade Combat Team, 1st Armored Division, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  34
Current ENL Date: Reenl/080131    Current ENL Term: Indefinite Years  ?????
Current ENL Service: 	3 Yrs, 7  Mos, 1  Days ?????
Total Service:  		14 Yrs, 5  Mos, 5  Days ?????
Previous Discharges: 	USAR 970219-970326/NA
                                       RA      970327-991216/HD
                                       RA      991217-030918/HD
                                       RA      030919-060201/HD
                                       RA      060202-070621/HD
                                       RA      070622-080130/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 74D1L Chemical Ops Spec   GT: 116   EDU: 2 Years of College   Overseas: Korea (020131-030207), Bosnia & Herzegovina (980816-990312), Southwest Asia   Combat: Iraq (050124-050816), (031027-040225), Kuwait (001216-010422)
Decorations/Awards: ARCOM (5), AAM (4), GCMDL, NDSM, KDSM, AFEM, ICMw/CS, GWOTEM, GWOTS, AFSM, NCOPDR, NATOMDL, ASR, OSR, CIB, EIB, C/Ach (5), MPUCA, VUA, 





V.  Post-Discharge Activity
City, State:  


Post Service Accomplishments: None submitted by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 July 2011, the applicant was charged with fraudulent enlistment (070622), making a false official statement (070622), and wrongfully used cocaine between (110316-110323).  On 2 August 2011, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant admitted guilt to the offense, or a lesser included offense. 
       
       Further, the applicant indicated that he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The applicant submitted a statement in his own behalf.  The applicant's chain of command recommended that the request for discharge in lieu of court-martial be disapproved.  On 29 August 2011, the separation authority approved the discharge with an under other than honorable conditions discharge.  The applicant was to be reduced to the lowest enlisted rank. 
       
       The record contains a CID Report of Investigation in reference to the applicant's offense of wrongfully using cocaine dated 15 April 2011. 

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       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 recommends to the board that partial relief be granted in the form of an upgraded of the characterization of service to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable.  While the applicant's misconduct is not condoned, the analyst determined that the overall length and quality of the applicant's service, to include the combat service, and the supporting independent medical documents; to include his medical care while on active duty, mitigated the discrediting entries in the service record.  
       
       
       
       
       
       
       
       
       
       
       Issue  (1-2)  The issues are rejected  The applicant states that he is requesting an honorable discharge and that he was diagnosed and suffers from PTSD.  The drug incident was a direct result of the disorder and he had been self medicating with over the counter medications and alcohol.  He wants an upgrade in order to get the help and medication he needs.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn'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.  Therefore, by his misconduct the applicant diminished the quality of his service below that meriting a fully honorable discharge. 
       
       The applicant further contends that his discharge is inequitable because it was based on one isolated incident in 14 years of service with no other adverse action.  Even though the applicant claims that his offense was an isolated one, the analyst concluded that the applicant was charged with three 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 applicant’s 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 applicant’s service below that meriting a fully honorable discharge. 
       
       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.   
       
       Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the analyst determined that the reason for discharge remains both proper and equitable.  This action entails a restoration of grade to SSG/E-6.   
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: ?????

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 25 January 2012, self authored statement, two character reference letter's with various dates, letter from the Department of Veterans Affairs dated 6 September 2011, copies of his honorable discharge certificate's (5) with various enlistment dates, court document dated 22 January 1997, Psychiatric Evaluation dated 26 August 2011, medical record/progress notes dated 16 December 2011.













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 characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was proper and equitable and voted not to change it.  This action entails restoration of grade to SSG/E-6. 
        
IX.  Board Decision						
Board Vote:
Character - Change 3    No change 2
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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: SSG/E-6

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 AR20120002537
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