Applicant Name:  ?????

Application Receipt Date: 2012/02/24	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that while being processed for discharge, he went through medical processing and a mental physician determined that his actions were directly caused by his mental state and diagnosed him with PTSD.  The physician recommended an honorable characterization of service and stated that the Army should not put him out under these conditions without medical care but it was disregarded and he was ultimately discharged from the 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: 070814
Discharge Received: 			   Date: 071022   Chapter: 14-12c    AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: B Co, 1-12 Cavalry Rgt, Fort Hood, TX 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): 070406, left his place of duty without authorization (050831), failed to report (061107), disobeyed a lawful order from a commissioned officer (060831), disrespectful to a commissioned officer (061107), disobeyed a lawful order from an NCO (060831), disrespectful in language to an NCO (061107), two specifications of assault (060831, 061124), and communicating a threat to shoot another Soldier (061124).  The punishment consisted of reduction to E-1, forfeiture of $934.00, and hard labor without confinement for a period of 45 days (SCM).

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 040921    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 01 Mos, 02 Days ?????
Total Service:  		06 Yrs, 00 Mos, 21 Days ?????
Previous Discharges: 	RA 011002-040920/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10/Infantryman   GT: 94   EDU: 1 Semester of college   Overseas: SWA   Combat: Iraq x 2 (040317-050316 and 061005-070925)
Decorations/Awards: ARCOM, AGCM, ICM-CS, GWOTEM, GWOTSM, OSR-2

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 22 March 2007, the applicant entered into a plea agreement in which he waived an administrative separation board and agreed to cooperate in the trial of two other Soldiers in exchange for a referral of his charges to a summary court instead of a special court-martial.  On 6 April 2007, the applicant was tried and convicted of all charges.
       
       On 27 July 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 being found guilty by a summary court-martial of assaulting SPC M (060831) by striking and kicking him and intentionally inflicting grievous bodily harm and for assaulting SPC N by showing him a loaded M249 weapon (061124), with an under other than honorable conditions discharge.  He was advised of his rights.  
       
       On 4 September 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, indicated that he unconditionally waived an administrative separation board as part of the court-martial plea agreement (070322), and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commanders reviewed the proposed action and recommended approval with an under other than honorable conditions discharge.  
       
       On 7 September 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 carefully examining the applicant’s record of service during the period of enlistment under review, and the issue submitted with the application, the analyst determined that the discharge was both proper and equitable.  
       
       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 repeated incidents of serious misconduct which led to his trial and conviction by a summary court-martial, the applicant diminished the quality of his service below that meriting a general, under honorable conditions or an honorable discharge.  
       
       The analyst acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review which included two combat tours.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of serious misconduct and by the multiple negative counseling statements contained in his service record.  
       
       The applicant contends that his actions were caused by his mental condition and diagnosis of PTSD.  However, the record does not support the issue that the applicant suffers from Post-Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.   The record shows that on 23 July 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. 
       
       Finally, eligibility for veteran's benefits to include medical and educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       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: 23 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: A self-authored statement and several medical documents.

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 2  No change 3
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: 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 AR20120004117
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