Applicant Name: ?????
Application Receipt Date: 2012/03/21 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, the Department of Veterans Affairs determined that he had PTSD and awarded him 100% service connected disability, so his discharge should be upgraded to honorable.
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: 060828
Discharge Received: Date: 060929 Chapter: 14-12 (2) AR: 635-200
Reason: Misconduct (Drug Abuse) RE: SPD: JKK Unit/Location: A Company, 864th Engineer Battalion (Heavy), 555th Combat Support Brigade (ME)(R) , Fort Lewis, WA.
Time Lost: None
Article 15s (Charges/Dates/Punishment): 060720, failed to report to his appointed place of duty x 2 (060621 and 060705); wrongfully used cocaine x 2 (060517-06023 and 060701-060707); and wrongfuly used methylenedioxymethamphetamine ( 060506-060512), forfeiture of $636.00 pay per month for 2 months; extra duty and restriction for 45 days. (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 040928 Current ENL Term: 04 Years ?????
Current ENL Service: 02 Yrs, 00 Mos, 02 Days ?????
Total Service: 02 Yrs, 00 Mos, 02 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 21W10 Carpentry/Masonry Specialist GT: 104 EDU: HS Grad Overseas: SWA Combat: Afghanistan (050326-060336)
Decorations/Awards: NDSM, ACM, GWOTSM, ASR, OSR-2
V. Post-Discharge Activity
City, State: ?????
Post Service Accomplishments: None listed by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 27 August 2006, 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 commission of a serious offense for failing to report on two occasions, wrongfully using cocaine two times, and wrongfully using methylenedioxymethamphetamine, with a general, under honorable conditions discharge. He was advised of his rights.
On 28 August 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, request an administrative separation board even though he was not entitled to one, and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.
On 5 September 2006, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions.
The record contains a CID Report, dated 5 July 2006.
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 applicants military records, and 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 the applicants 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 the former Soldiers 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 applicants service mitigated the misconduct or poor duty performance.
The applicant contends the Department of Veterans Affairs determined that he had PTSD and awarded him 100% service connected disability, so his discharge should be upgraded to honorable. The analyst noted the applicant's contentions; however, a review of the memorandum submitted by the applicant from the Department of Veterans Affairs, dated 14 March 2012, states that he has a service-connected disability and his combined service-connected evaluation is 100%. The memorandum does not specify the reason for the 100% combined service-connected evaluation and does not state his disability as being PTSD related.
Furthermore, in review of the applicant's entire service record, the analyst found that this current medical condition that was diagnosed from the Department of Veterans Affairs did not overcome the reason for discharge and characterization of service granted. The record shows that on 26 June 2006, the applicant underwent a mental status evaluation which indicated 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 was diagnosed with a 100% disability rating from the Department of Veterans Affairs, does not mean he didn't know the difference between right and wrong or that he did not have control over his behavior while serving on active duty.
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.
The applicant submitted seven documents in support of the personal appearance hearing.
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: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293; DD Form 214; and a memorandum from the Department of Veterans Affairs, Phoenix, AZ, dated 1 March 2012, 5 pages.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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: 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 AR20120006236
______________________________________________________________________________
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