Applicant Name:  ?????

Application Receipt Date: 2012/04/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge is improper because his preservice civilian conviction which was properly listed on his documents was used in the discharge proceedings.  He was never found guilty of the civilian charge used to separate him from the Army.  The applicant suffers from PTSD, served two tours in Iraq, and never received any help for his PTSD or his drug problems 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: 110802
Discharge Received: 			   Date: 120105   Chapter: 14-12c      AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 118th MP Combat Suppot, Fort Bragg, NC 

Time Lost: AWOL x 1 for 8 days (110813-110820), mode of return unknown.

Article 15s (Charges/Dates/Punishment): 110307, Failure to go at the time prescribed to his appointed place of duty (110206 and 110207) and making a false official statement (110206), reduction to E3; forfeiture of $445.00 pay per month; extra duty for 14 days; and restriction for 14 days, (FG).

Courts-Martial (Charges/Dates/Punishment): SCM, 110831, AWOL (110813-110821) and wrongful use of cocaine between (110709 and 110712), reduction to E1; forfeiture of $978.00; confinement for 29 days

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 080805    Current ENL Term: NIF Years  ?????
Current ENL Service: 	03 Yrs, 05  Mos, 23  Days ?????
Total Service:  		05 Yrs, 06  Mos, 01  Days ?????
Previous Discharges: 	060627-080804/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Service Operations Specialist   GT: 120   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (080309-090309 and 090911-100825)
Decorations/Awards: ARCOM-2, AGCM, NDSM, GWOTSM, ICM-w/CS3, ASR, OSR-2, CAB

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 2 August 2011, 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 failing to report to his appointed place of duty between (110206 and 110418), being disrespectful towards a noncommissioned officer (110208), being arrested (110402) for driving while intoxicated, and for testing positive for cocaine (110709), with an under other than honorable conditions discharge.  He was advised of his rights.
       
       On 2 August 2011, the applicant 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 him receiving a characterization of service no less favorable than general, under honorable conditions 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 commander's reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge.  
       
       On 4 September 2011, the applicant's request for a conditional waiver was disapproved and was referred to an administrative separation board to determine if the applicant should be separated prior to expiration of his term of service.
       
       On 22 September 2011, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 7 November 2011, the administrative separation board convened.  The applicant appeared with counsel.  The board recommended the applicant's discharge with issuance of a character of service of under other than honorable conditions.
       
       The separation authority approved the recommendation of the administrative separation board and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.
       
       The applicant's record contains a Military Police Report, dated 2 April 2011.
       
       The applicant's record contains a General Officer Memorandum of Reprimand for driving while impaired after being stopped for failing to maintain the limits of his lane 2 April 2011.

       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 documents, and the issues submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       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 misconduct, the applicant diminished the quality of his service below that meriting fully honorable or a general, under honorable conditions 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.  
       
       Furthermore, the analyst concluded that the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army.  Having examined all the circumstances, the analyst determined that the applicant’s numerous incidents of misconduct did indeed adversely affect the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline.  These incidents of misconduct clearly diminished the quality of the applicant’s service below that meriting a general, under honorable conditions 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.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incidents of misconduct or by the multiple negative counseling statements, and the documented action under Article 15 of the Uniformed Code of Military Justice.
       
       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 contends he never received any help for his Post Traumatic Stress Disorder (PTSD) or his Drug problems from the Army.  The analyst noted the applicant's contentions; however, the applicant's 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.  
       
       Furthermore, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states that the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier.  Further, AR 600-85, paragraph 3-8 entitled self referrals; states that the applicant could have self referred himself to the Army Substance Abuse Program (ASAP) counseling center for assistance.
       
       The analyst noted the applicant's issue that the charges against him for driving while intoxicated and assault were still pending at the time of discharge and should not have been used against him.  However, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial or the sentence by civil authorities.
       
       In view of the foregoing, 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: 6 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, Army Awards, Support Statements from Military Personnel, Information pertaining to the civilian charge used to "Separate the Applicant," Character statements, Certificate for completion of the Subatance Abuse Treatment Program, and Memoradum reference the applicant's Enrollment into the PTSD treatment program.




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 characterization of service was too harsh, and as a result it is inequitable.  The Board determined that the overall length and quality of the applicant’s service, to include his two tours of combat service, mitigated the discrediting entries in his service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
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 AR20120008571
______________________________________________________________________________


Page 4 of 4 pages