Applicant Name:  ?????

Application Receipt Date: 2012/02/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "At the time of my return from Iraq I was under stress due to PTSD symptoms. I had seen my best friend was killed by stepping on a land mine in Iraq. When we returned I was the soldier who found our Sgt had hung himself in his barracks room. I had nightmares at the time and began drinking heavily to cope with the pain in my mind. I ask my command to see base mental health but was told to suck it up. At the time of my discharge my command told me that my discharge would be considered upgradeable. I am currently seeking help at the VA for my mental health conditions and an upgraded character of discharge will help me get the help I desparately need." 

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: 090619
Discharge Received: 			   Date: 090727   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: B Company, 1st Battalion, 15th Infantry Regiment, 3rd Brigade Combat Team, 3rd Infantry Division, Fort Benning, GA 

Time Lost: AWOL x 3 (090212-090225), 14 days, returned to his unit, AWOL (090406-090406), 1 day, returned to his unit; AWOL (090602-090608) 7 days, returned to his unit.  Total time lost was 22 days.  

Article 15s (Charges/Dates/Punishment): 080911, wrongfully consumed alcoholic beverages while under the age of 21 years (080719), reduction to private (E-2), forfeiture of $352.00 pay, extra duty and restriction for 14 days (CG)

Courts-Martial (Charges/Dates/Punishment): 090619, Summary Court-Martial for failing to go to his appointed place of duty x 3 (090526, (090609), (090609), AWOL (090602-090608), assaulted a SGT, a noncommissioned officer x 2, (090610), (090610), disrespectful in language toward a SGT, a noncommissioned officer (090610), failed to obey a lawful order from a 1SG, a noncommissioned officer (090526), reduction to Private (E-1), confinement for 30 days. 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 070222    Current ENL Term: 3 Years  16 weeks
Current ENL Service: 	2 Yrs, 4  Mos, 14  Days The applicant required a moral waiver at the time of enlistment which was approved on (070208).
Total Service:  		2 Yrs, 4  Mos, 14  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 94   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (070311-080518)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICMLw/CS, VUA, ASR, OSR, CIB

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 19 June 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct; in that he failed to report on several occasions; drove with a suspended license on (081128), failed to obey an order on 081210), arrested for domestic violence on (081206), caught drinking underage (081206), AWOL (090212-090225), drove on a suspended license on (090224), AWOL (090602-090608), assaulted and was disrespectful to a SGT on (090610) and was disrespectful to a 1SG (090526). 
       
       The unit commander recommended separation with an under other than honorable conditions discharge.  He was advised of his rights.  On 17 June 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived consideration of his case by an administrative separation board 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 discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 10 July 2009, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of under other than 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 issue 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 analyst noted the applicant's issue that after his return from Iraq he was under stress due to PTSD symptoms and his best friend was killed by stepping on a land mine in Iraq; and when he returned, he was the Soldier who found that there Sgt had hung himself in his barracks room.  He was having nightmares at the time and began drinking heavily to cope with the pain in his mind and asked his command to go to base mental health but was told to suck it up.  In review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted. 
       
       
       
       
       
       
       
       
       
       The record shows that on 8 April 2009, the applicant underwent a mental status 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 suffered from an adjustment disorder and was being treated for this condition 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.  Further, 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. 
       
       The applicant further contends that his narrative reason for separation should be changed.  The applicant was discharged under the provisions of Chapter 14-12b, AR 635-200, by reason of a pattern of misconduct with an under other than honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct” and the separation code is "JKA."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.   
       
       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: 20 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Online application dated 10 February 2012.






















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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20120003810
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