Applicant Name:  ?????

Application Receipt Date: 2012/03/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the incident was caused by several circumstances beginning with his wife leaving with the children.  Life started spiralling out of control after that and he tried to overdose.  They put him in the hospital and then punished him but never tried to help him and he could not handle it anymore.  He could not see his children so he went AWOL but never left Fayetteville. He came back on his own and took his punishment and he is now trying to gain custody of his children.    

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: 111220
Discharge Received: 			   Date: 120131   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: A Battery, 1st Battalion, 319th Airborne Field Artillery Regiment, 3rd Brigade Combat Team, Fort Bragg, NC 

Time Lost: AWOL x 1 (110306-110914), 89 days; the applicant was apprehended by the civilian authorities at Fayetteville, NC and was transferred to Fort Bragg, NC; military confinement (111107-111206) 30 days.  Total time lost was 119 days.  

Article 15s (Charges/Dates/Punishment): 110217, wrongfully used cocaine on or about (101229-), reduction to Specialist (E-4), forfeiture of $1,007.00 pay per month for two months, extra duty and restriction for 45 days (FG)

Courts-Martial (Charges/Dates/Punishment): 111107, Summary Court-Martial for AWOL; (110306-110909), confinement for 30 days, reduction to the grade of (E-1), forfeiture of  $978.00 pay.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  27
Current ENL Date: Reenl/101203    Current ENL Term: 3 Years  ?????
Current ENL Service: 	0 Yrs, 6  Mos, 20  Days ?????
Total Service:  		3 Yrs, 4  Mos, 10  Days ?????
Previous Discharges: 	USAR 080126-080211/NA
                                       RA      080212-101202/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 13B1P Cannon Crewmember   GT: 106   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (081205-091120)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICMw/CS (2), NCOPDR, ASR, OSR

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 9 December 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14-12c, AR 635-200, by reason of misconduct-commission of a serious offense; in that he went AWOL (110306-110909) and wrongfully used cocaine (101229), with an under other than honorable conditions discharge.  He was advised of his rights.  On 20 December 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily and 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's reviewed the proposed discharge action and recommended approval of the separation action with an under other than honorable conditions discharge.  On 6 January 2012, the separation authority approved the unconditional waiver; 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, the issue 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 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 the incident was caused by several circumstances beginning with his wife leaving with the children and his life started spiralling out of control after that and he tried to overdose.  They put him in the hospital and then punished him but never tried to help him and he could not handle it anymore.  The evidence of record shows that the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of nonjudicial punishment and a summary court-martial.  The applicant failed to respond appropriately to these efforts and the command appropriately determined the applicant did not demonstrate the potential for further military service.
       
       
       
       
       
       
       
       
       
       
       
       The analyst acknowledges the mother's letter submitted on behalf of the applicant indicating he she believes her son has PTSD.  However, the record shows that on 26 September 2011, 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.  Furthermore, the applicant was screened for Post Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury (TBI) which required a comprehensive evaluation and the results of the screenings were negative.  In view of the foregoing, 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.    
       
       Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27 reentry eligibility (RE) code as "4."  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 27 reentry eligibility (RE) code to "3," which was approved by the separation authority.  Except for the foregoing modification to the applicant's reentry eligibility (RE) code, the analyst determined that the reason for discharge and the characterization of service was both proper and equitable recommends to the Board to deny relief. 
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 13 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 22 February 2012, letter from applicant's mother citing her son's PTSD, undated.

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.  

Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry eligibility (RE) code as “4."  In view of the error, the Board directed that an administrative change be made to block 27, reentry eligibility (RE) code to "3," as approved by the separation authority.  Except for the foregoing modification, the Board determined that the reason for discharge and the characterization of service was both proper and equitable and voted not to change it.















        
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: The Board voted to change the reentry eligibility (RE) code block 27 on the DD Form 214 to "3." 
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 AR20120005455
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