Applicant Name:  ?????

Application Receipt Date: 2012/03/23	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he has been diagnosed with PTSD and the condition has played a major role in his behavior after deployment.  The applicant states his condition was not taken into consideration during his discharge process.  The applicant contends that he was hospitalized twice for suicidal issues and constantly struggled to perform despite taking a number of medications.   He states that his behavior was wrong; however, he used marijuana as a means of coping with the thoughts of suicide, self blame for the death of two of his comrades during deployment, and what felt like a complete lack of support from anyone in his chain of command.  The applicant states he is enrolled in Saint Petersburg College and currently receiving treatment for his condition through the VA.  He is drug free and does not feel that his struggle with PTSD should prevent him from achieving his goals after 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: NIF
Discharge Received: 			   Date: 100920   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHT, 1st Sqd, 4th Cav (Rear)(Prov), 4th BCT (Rear)(Prov), 1st Inf Div, Fort Riley, KS 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 100629, wrongful use of marijuana (100301-100401), forfeiture of $723 x 2 months (suspended), 45 days extra duty (FG).

090623, failure to go at the time prescribed to his appointed place of duty (090428), wrongful possession of marijuana (090426), wrongful use of marijuana (090328-090427), wrongfully transporting an open container of alcohol (090426), reduction to E-1, forfeiture of $700 x 2 months, 45 days extra duty, 45 days restriction (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 070508    Current ENL Term: 6 Years  ?????
Current ENL Service: 	03 Yrs, 04 Mos, 12 Days ?????
Total Service:  		06 Yrs, 02 Mos, 12 Days ?????
Previous Discharges: 	USAR/DEP 040708-050706/NA
                                                    RA 050707-070507/HD

Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 19D10/Cavalry Scout   GT: 121   EDU: HS Grad   Overseas: SWA   Combat: Iraq (070216-080414)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM-CS, GWOTSM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Currently enrolled in Saint Petersburg College.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 July 2010, 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 wrongful possession of marijuana (090426), wrongful use of marijuana (090328-090427), and wrongfully transporting an open container of alcohol (090426), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 20 July 2010, the applicant consulted with legal counsel, and requested that his case be heard before an administrative separation board.  Trial Defense Counsel submitted matters on behalf of the applicant.  The unit commander subsequently recommended separation from the Army.  The intermediate commanders reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 31 August 2010, the separation authority waived further rehabilitation and decided that the case should be processed under administrative provisions, because the Soldier's medical condition is not a direct or contributing cause of the misconduct.  He further directed the applicant’s discharge with a characterization of service of general, under 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 analyst determined that the discharge is improper.  
       
       The evidence of record shows that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had 6 years of total active and reserve military service at the time of initiation of separation action.  The analyst noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant requested an administrative separation board.  The analyst determined that denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper.  
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated, 10 March 2012, DD Form 214, copies of VA medical records.

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 improper.  The evidence of record shows that the applicant consulted with legal counsel and requested consideration of his case by an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of separation action.  The Board noted that an administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects that the applicant did not receive an administrative separation board and did not waive it.  This constituted a prejudicial error to the rights of the applicant and the discharge was improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Secretarial Authority under Provision of Chapter 5, AR 635-200, with a corresponding SPD Code of “JFF” (Involuntary Discharge) 
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 AR20120005880
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