Applicant Name:  ?????

Application Receipt Date: 2012/02/09	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the discharge he received was based on two separate incidents during his 25 months of active duty in the US Army.

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: 070612
Discharge Received: 			   Date: 070629   Chapter: 14-12b     AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: Headquarters and Headquarters Company, 3rd Battalion, 67th Armor Regiment, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070404, without authority failed to go at the time prescribed to his appointed place of duty, 0630 accountability formation (070321) and (070323; willfully and wrongfully damaged a 1996 Chevrolet Cavalier vehicle, the amount of said damage being in the sum of about $916.18, the property of PV2 MG (070305); drunk and disorderly (070305); reduction to E-1; forfeiture of $650 pay per month for one month; extra duty for 45 days; and restriction for 45 days to limits of Fort Hood, barracks, dining facility, place of duty, palce of worship, medical, and dental facilities; forfeitur of $650 pay per month for month (continuation of imposed punishment is NIF); (FG).

070615, vacation of suspension of imposed punishment of forfeiture of $650 pay per month for one month, vacation was based on the wrongful use marijuana (070310 – 070409); and the wrongful use of cocaine (070406 – 070409).

070613, wrongfully used marijuana (070310 - 070409); wrongfully used cocaine (070406 – 070409); forfeiture of $650, per month for two months; extra duty and restriction for 45 days; (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 060718    Current ENL Term: 3  Years  ?????
Current ENL Service: 	0  Yrs, 11 Mos, 11 Days ?????
Total Service:  		2  Yrs, 6   Mos, 2   Days ?????
Previous Discharges: 	RA 041228 - 060717/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10 Cavalry Scout   GT: 100   EDU: HS Grad   Overseas: SWA   Combat: Iraq (051205 - 061130)
Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, OSR

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 12 June 2007, 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 a Field Grade Article 15 (070404); for failing to report on 2 occasions, willfully and wrongfully damaging PVT M G’s vehicle and being drunk and disorderly; and also, for having a pending Field Grade Article 15 for the wrongful use of drugs with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 12 June 2007, 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 18 June 2007, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.
       
       The record contatins military police report number 01559-2007-MPC034, dated 7 March 2007.

       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 PTSD diagnosis from the Veterans Administration and the disability rating granted.  However, in review of the applicant's entire service record, and documents provided by the applicant, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 27 April 2007, 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.  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.
       
       The analyst noted that even though separate incidents, the discrediting entries constituted a departure from the standards of conduct expected of Soldiers in the Army.  The analyst having examined all the circumstances determined that the applicant's acts of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.  The acts of misconduct clearly diminished the quality of the applicant's service below that meriting a fully honorable discharge. 
       
        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: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with an attached self-authored statement, various medical documents, Article 15, copy of various business cards, VA decision documentation 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 AR20120003144
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