Applicant Name:  ?????

Application Receipt Date: 2012/03/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests a change to the narrative reason for separation.  He contends being discriminated against and severely harassed by persons of his command since arriving and the leadership did not take any steps to eliminate the adverse treatment.  He further contends he might have Post Traumatic Stress Disorder (PTSD) and the chain of command did not assist him in getting treatmentment.     

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: 110617
Discharge Received: 			   Date: 110907   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: U.S. Army Recruiting Bn, Lansing, MI  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110210, without authority, failed to go at the time prescribed to his appointed place of duty x 3 (100203, 100511, 101109); dereliction of duty in that he failed to replicate three times a day (101220); violated a lawful general regulation by driving his government vehicle to his residence (090602); and with intent to deceive, made a false official statement to two (2) SFCs (101124); reduction to E-4 (suspended), forfeiture of $1,162 pay x 2 months, $662 pay x 2 months (suspended), (FG).

110613, the suspension of punishment of reduction to reduction to E-4 was vacated for the new offense of testing positive for marijuana.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 080702    Current ENL Term: 03 Years  2 months/28 months extension (101014)
Current ENL Service: 	03  Yrs, 02  Mos, 06  Days ?????
Total Service:  		10  Yrs, 01  Mos, 11  Days ?????
Previous Discharges: 	ARNG-specific dates NIF
                                       ADT-010910-020412/HD
                                       ARNG-specific discharge date NIF
                                       RA-040426-080701/HD 
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 25U14 Signal Support System Spec   GT: 121   EDU: 14 Years   Overseas: Germany/Southwest Asia   Combat: Iraq (040724-040903, 040920-050404, 061031-071212)
Decorations/Awards: ARCOM-2, AAM-2, AGCM-2, NDSM, ICM-W/CS, GWOTSM, NPDR, ASR, OSR-3, CAB, MNGCR

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 17 June 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-commission of a serious offense for  testing positive for marijuana (110526); failing to go at the time to his appointed place of duty x 3, being derelict in performing his duties x 4, violating a lawful general regulation by driving his government vehicle to his residence, and with intent to deceive, making a  false official statement to two (2) SFCs,  with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 21 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board, and submitted a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  On 8 July 2011, the applicant was notified to appear before an administrative separation board and advised of his rights.
       
       On 8 August 2011, the applicant again consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, contingent upon his receiving a characterization of service of no less favorable than honorable, and did not submit a statement in his own behalf.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a fully honorable discharge.   
         
       On 10 August 2011, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of fully honorable.
       
       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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors which would merit a  change to the applicant's narrative reason for discharge.  
       
       The analyst noted the applicant's contention; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 14, paragraph 14-12c, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," the separation code is "JKQ," and the reentry code is "RE 3."  
       
       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, separation code, entered in block 26, and RE Code, entered in block 27 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. 
       
        The applicant further contends being discriminated against and severely harassed by persons of his command since his arrival and the leadership did not take any steps to eliminate this adverse treatment.  Although the applicant alleges that he was a victim of discrimination and harassment during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support his request for a change to the narrative reason for discharge.  
       
       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 also contends he might have PTSD and the chain of command did not assist him in getting treatment.  The record does not support the contention that the applicant suffers from PTSD and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition.     
       
       Also, the evidence of record shows that on 19 July 2011, the command responded in a letter to a U.S. Senator, the letter indicated  the chain of command, command referred the applicant to Lincoln Trail Behavioral Health. The applicant remained at Lincoln Trail Behavioral Health for 29 days to receive treatment and counseling.  After the applicant completed treatment at Lincoln Trail Behavioral Health, he was then evaluated by the U.S. Army Recruiting Command’s (USAREC) 3rd Brigade Psychologist and diagnosed with depression, alcohol and drug abuse, but he was not diagnosed with PTSD. 
       
       Therefore, the analyst determined that 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: 30 August 2012         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: Wife 

Exhibits Submitted: DD Form 293, dated (120306); Self-Authored Statement, unsigned, four (4) pages, dated (110621)Partial Chapter 14 Discharge Packet, four (4) pages; DD Form 214, two (2) pages, dated (110907); Letter, Department of Veteran Affairs to U.S. Congressman, dated (110708); Letter, U.S. Army Recruiting Command to U.S. Congressman, two (2) pages, dated (110719); Letter, U.S. Senate, dated (10720); and a Letter, Department of Veteran Affairs, dated (110801).  The applicant submitted twenty-two pages of additional documents in support of his personal appearance hearing.  

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.

The Board noted that the applicant had submitted documents indicating that he was undergoing treatment for PTSD and substance abuse; however, in review of the applicant's entire service record, the Board found that this medical condition did not overcome the reason for discharge and characterization of service granted.  
  
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: None

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 AR20120005974
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