Applicant Name:  ?????

Application Receipt Date: 2012/06/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he is writing this letter to ask for an upgrade of his discharge from general, under honorable conditions to a honorable.  He served 6 years in the Army and deployed twice to Iraq.  He was  discharged for going AWOL from his unit.  He had a lot of issues coming back from Iraq and didn’t know how to deal with them.  He went AWOL because he wanted to get help and he went the wrong way with his choice.  Since getting out of the Army, he goes to the VA for PTSD and is currently on medications.  He currently works at a hospital in the emergency room doing the doctor's charts and unit clerk type of work.  He need an upgrade, so he can try to attend school.  When he applies to medical school, he wants his discharge to say honorable.  He regrets his choice of going AWOL and he has to live with not completing his time in the military.  He knows through the VA, he needs his discharge  to be honorable, so he can get the schooling and funding he needs to succeed in his goals.  He has served his country and he made an honest mistake.  He is asking the Board grants this.  He will not let the Board down.  

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: 090626
Discharge Received: 			   Date: 090701   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HHC, 3d Heavy Brigade Combat Team (Rear) (Provisional), 1st Cavalry Division (Rear) (Provisional), Fort Hood, TX. 

Time Lost: AWOL x 3 (080522-080525, mode of return is unknown; 080822-081229, surrendered; 090108-090108, mode of return is unknown); and 090520-090612, military confinement.

Article 15s (Charges/Dates/Punishment): 080624, AWOL (080522-080526); failed to go to his appointed place of duty x 4 (080527, 080528, 080529, and 080602), reduction to E-3, forfeiture of $477.00 pay per month for one month, and 14 days extra duty.  (CG)

Courts-Martial (Charges/Dates/Punishment): 090520, SCM, failed to go to his appointed place of duty x 4 (090303, 090304, 090130, and 090107); AWOL x 2 (080822-081230 and 090108-090109), and was disrespectful in language towards a noncommissioned officer (090226), reduction to E-1, forfeiture of $933.00 pay for one month, and confinement for 30 days.   

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 070515    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 01 Mos, 17 Days ?????
Total Service:  		05 Yrs, 08 Mos, 22 Days ?????
Previous Discharges: 	RA030513-070514/HD
                                       (Immediate Reenlistment)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42A10 Human Resources Specialist   GT: 105   EDU: HS Grad   Overseas: SWA x 2   Combat: Iraq x 2 (040305-050415 and 061004-071210)
Decorations/Awards: ARCOM-3, AAM,-2, AGCM, NDSM, ICM-w/CS, GWOTEM, GWOTSM, ASR, OSR-2, CAB


V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states that he is working in a hospital.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 June 2009, 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 for commission of a serious offense for going AWOL (080922-081230), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 24 June 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action conditionally waived his right to an administrative separation board even though he was not entitled to one, 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 reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 29 June 2009, the separation authority waived further rehabilitation and 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 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 being absent 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, 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 that 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 the misconduct, the applicant diminished the quality of the former Soldier’s 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 applicant’s service mitigated the misconduct or poor duty performance.  
       
       The applicant contends he had a lot of issues coming back from Iraq and didn’t know how to deal with them.  He went AWOL because he wanted to get help.  The analyst noted the applicant's contentions; however, the record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
       Furthermore, the applicant expresses that since he got out of the Army, he goes to the VA for PTSD and is currently on medications.  He needs an upgrade, so he can try to attend school.  The analyst noted the applicant's   contentions of being treated for PTSD at the Veterans Administration; however, in review of the applicant's entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted.  The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior.  There are many Soldiers with the same condition that complete their service successfully.
       
       Lastly, the applicant states that he would like to go the college and continue his education.  The eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       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. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 October 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293; DD Form 214; self-authored statement, dated 5 May 2012; 2 character reference letters; an Enlisted Record Brief, dated 16 June 2009; discharge orders, dated 1 July 2009;  

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.  The Board determined that the overall length and quality of the applicant’s service, to include his 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 honorable.  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 4    No change 1
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 AR20120010740
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