Applicant Name:  ?????

Application Receipt Date: 2012/07/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "While in the service I began having symptoms and was diagnosed directly after discharge with a severe case of schizophrenia and PTSD. I am still being treated by the VA Hospital for the same issues.  I strongly feel that because of my schizophrenia and PTSD, that was cause for my dismal or release from service.  At least a year prior to discharge I was treated for my symptoms but was not diagnosed until I was released. The day I got out of the service I was admitted to the hospital and diagnosed with schizophrenia. Later I was diagnosed with PTSD as well.  Now that I have been diagnosed correctly, and prescribed medicine I am a model citizen. I have a full time job, and a family I take care of now. I really wanted to make the Military (sic) a career. I feel that I would have been able to without my illness."

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: 070605
Discharge Received: 			   Date: 070723   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HHD, 385th MP Bn, APO AE 09534 

Time Lost: The applicant received 30 days military confinement as punishment from his Summary Court-Martial; however, this period of confinement is not annotated on his DD Form 214 block 29 dates of time lost during this period. 

Article 15s (Charges/Dates/Punishment): 070125, behaved with disrespect toward 1LT MMM (070113); willfully disobeyed a lawful order from a noncommissioned officer (SFC) x 2 (070113, 070114); reduction to E-1, forfeiture of $701 pay x 2 months, extra duty for 45 days and restriction for 45 days, (FG). 

070112, willfully disobeyed a lawful command from 1LT MMM (061112); willfully disobeyed a lawful order from a noncommissioned officer (SGT) (061108), (SFC (061115); failed to obey a lawful general order, by wrongfully traveling outside the 250 mile radius without a mileage pass (061111); reduction to E-3 (suspended), forfeiture of $429 pay x 1 month (suspended), extra duty for 14 days and restriction for 14 days, (FG).

070114, the suspension of punishment of reduction to E-3 and forfeiture of $429 pay x 1 month was vacated for the new offense of willfully disobeyed a lawful order from a noncommissioned officer (SFC) (070114).

Courts-Martial (Charges/Dates/Punishment): 070212, SCM, willfully disobeyed a lawful order from a SGT x 2 (070129, 070129); disrespectful in language toward a SGT x 4 (070129, 070129, 070129, 070130); and disrespectful in deportment x 2 (SGT) (070130), (SFC) (070130); forfeiture of $550 pay x 1 month and confinement for 30 days.  

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: NIF    Current ENL Term: 05 Years  21 Weeks, per unit commander's memorandum
Current ENL Service: 	04  Yrs, 03  Mos, 01  Days ?????
Total Service:  		04  Yrs, 03  Mos, 01  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42L10 Admin Spec   GT: 104   EDU: 14 Years   Overseas: Germany/Southwest Asia   Combat: Afghanistan (061115-070615)/Iraq (031202-050601)
Decorations/Awards: ARCOM, AAM, AGCM, NDSM, ACM, ICM, GWOTEM, GWOTSM, ASR, OSR, NATO MDL, MUC

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 5 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for leaving his appointed place of duty (070113); failing to report to his appointed place of duty (070114);  being disrespectful in language towards SGT JMD (070129); being disrespectful in deportment and language towards SFC DBM (070130); disobeying a direct order from SFC DBM (070524); and disobeying a direct order from CPT RC (070524), with a general, under honorable conditions discharge.  He was advised of his rights.
       
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated he intended to submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate and senior intermediate commanders reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 8 June 2007, 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 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 and the issues 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 his 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 was discharged from the Service because of schizophrenia and Post Traumatic Stress Disorder (PTSD) and a year prior to discharge he was treated for his symptoms but was not diagnosed until he was released. The applicant was discharged for a pattern of misconduct  demonstated by the applicant’s two Articles 15s, Summary Court-Martial and numerous negative counseling statements justify a pattern of misconduct.   
       
       Further, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was diagnosed with schizophrenia or PTSD and received treatment.    
       
       The applicant further contends since being diagnosed correctly and prescribed medication, he is a model citizen.  The applicant is to be commended for his effort; however, this contention is not a matter on which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion relating to the discharge process nor is it associated with the discharge at the time of issuance. 
       
       The applicant also contends he wanted to make the military a career and he would have been able to without his illness.  The evidence of record (Mental Status Evaluation) shows that based on the clinical interview and review of supporting documents, there is no evidence of limited intelligence, or either an underlying mental health disorder that would preclude the applicant from administrative actions.  
       
       The applicant had no disqualifying mental disease or defect, which would prevent him from performing the duties of his grade.  The applicant commands full capacity and clearly understands right from wrong, and can appreciate the ramifications of various scenarios and decisions and he is psychiatrically cleared for administrative action deemed appropriate by command.
       
       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: 7 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (120612).

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 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: 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 AR20120012058
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