Applicant Name:  ?????

Application Receipt Date: 2012/05/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge was inequitable because he was suffering from PTSD after serving three honorable tours of active service.  He was diagnosed by the Veterans Administration on 21 May 2009 and granted a sixty percent service connected disability which is shown in the documents provided with his application.

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: 080203
Discharge Received: 			   Date: 080801   Chapter: 2-12f    AR: 135-175
Reason: Acts of Personal Misconduct	   RE:     SPD: NIF   Unit/Location: 94th Regional Readiness Command, Ayer, MA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 990628    Current ENL Term: NIF Years  ?????
Current ENL Service: 	09 Yrs, 01 Mos, 03 Days ?????
Total Service:  		17 Yrs, 04 Mos, 10 Days ?????
Previous Discharges: 	RA 910322-960115/HD
                                       USARCG 960115-990627/NIF
                                       ARNG 990628-001201/HD
Highest Grade: O-2		Performance Ratings Available: Yes    No 
MOS: TC/Movement Control Officer   GT: 110   EDU: College Grad   Overseas: Korea   Combat: NIF
Decorations/Awards: AAM-3, AGCM, NDSM, NPDR, ASR, OSR

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 1 December 2006, the applicant was notified under the provisions of Chapter 2-12f, AR 135-175, to show cause for retention for moral professional dereliction of duty based on a positive urinalysis conducted on 7 August 2004 which showed he was positive for cocaine.
       
       On 18 October 2007, the applicant consulted with legal counsel and voluntarily tendered his resignation from the Army in writing, under the provisions of Chapter 2-12f, AR 135-175, in lieu of involuntary separation and waived his right to appear before a board of officers.  The applicant indicated he understood that he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  
       
       On 10 December 2006, the first general officer in the chain of command recommended approval of the resignation with a general, under honorable conditions discharge.  Again on 3 February 2008, the same general officer recommended approval of the resignation with an honorable characterization of service.
       
       On 2 July 2008, the separation authority accepted the resignation in lieu of involuntary separation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.       

       b.  Legal Basis for Separation:  
       Army Regulation 635-175 sets forth the basic authority for the separation of commissioned and warrant officers from the U.S. Army Reserve.  Chapter 2 authorizes involuntary separation of an officer due to moral or professional dereliction.  Officers discharged for discreditable, intentional failure to meet personal financial obligations, mismanagement of personal affairs to the discredit of the service, mismanagement of personal affairs detrimentally affecting the performance of duty of the officer concerned, intentional omission or misstatement of facts for the purpose of misrepresentation, acts of personal misconduct (including, but not limited to, acts committed while in a drunken or drug-intoxicated state), may be furnished an Honorable or General Discharge Certificate, or Other Than Honorable Conditions Discharge.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of service under review  and the issue and documents submitted with the application, the analyst recommends the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  
       
       This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is now inequitable.  He served for over nine years during the term of service and achieved the rank of first lieutenant.  The first general officer in his chain of command intially recommended a discharge with a general, under honorable conditions and later recommended a fully honorable characterization of service.
       
       While the applicant's misconduct is not condoned, the overall length and quality of his service and his prior service accomplishments and recommendations from his chain of command mitigated the discrediting entries in the service record.  
       
       Accordingly, the analyst recommends that the applicant’s characterization of service be partially upgraded to general, under honorable conditions.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 24 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Counsel yes [redacted]

Witnesses/Observers: None 

Exhibits Submitted: Two VA documents.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service and notwithstanding the analyst's recommendation and rationale, the Board determined that the applicant's length and quality of his service were insufficient to overcome the seriousness of his misconduct and as a result the Board found the discharge proper and equitable.  The Board also noted a doctor’s memorandum that indicates the applicant suffers from PTSD; however, the record does not support the issue that the applicant suffers from Post-Traumatic Stress Disorder that was caused by a combat deployment and no evidence to support it has been submitted that the discharge was the result of any medical condition.  
        
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: 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 AR20120009700
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