Applicant Name:  ?????

Application Receipt Date: 2012/07/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his first tour in the military was completed at the rank of E-4 and he received a GCM.  Shortly after he was deployed to OEF and OIF, he received the ARCOM, AAM, GWOTSM, ASR, OSR, and the KPUC.  He has led an exempilary service during his eight years of service.  Due to his personal situation with both family medical and personal PTSD, his career suffered and he was unable to maintain stability.  His wife passed away from complication with hypertension and liver failure along with PTSD and service related medical problems.  

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: 060411
Discharge Received: 			   Date: 060530   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: HQS & HQS Company, 40th Signal Battalion, Fort Huachuca, AZ 

Time Lost: AWOL x 1, (050616-050618); 3 days, the applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): 050324, dereliction of duty, in that he failed to perform his duties as the Staff Duty NCO (050214), reduction to the grade of E-5, foreiture of $1,102.00 pay per month for two months, suspended, to be automatically remitted if not vacated before (050624), (FG)

050803, AWOL, (050616-050618), disrespectful in language toward SFC, a noncommissioned officer (050617), forfeiture of $300.00 pay per month for one month, suspended, to be automatically remitted if not vacated before (051003), extra duty for 12 days and an oral reprimand (CG)

051222, wrongfully used methamphetamine between (051026-051031), reduction to the grade of SPC/E-4, forfeiture of $978.00 pay per month for two months, extra duty for 45 days and an oral reprimand (FG)



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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: Reenl/020501    Current ENL Term: NIF Years  ?????
Current ENL Service: 	4 Yrs, 0  Mos, 27  Days ?????
Total Service:  		8 Yrs, 1  Mos, 27  Days ?????
Previous Discharges: 	USAR 971220-980331/NA
                                       RA      980401-020430/HD
Highest Grade: E-6		Performance Ratings Available: Yes    No 
MOS: 25Q10 Multich Trans Oper/Maint   GT: 110   EDU: HS Grad   Overseas: Korea, Southwest Asia   Combat: Iraq (030201-030831)
Decorations/Awards: ARCOM (2), AAM, GCMDL (2), NDSM, GWOTSM, KDSM, NCOPDR, ASR, OSR (2)

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant stated in his self authored statement that he remarried has a  successful career with a cable company he's been with for 6 years. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The unit commander's complete notification letter to the applicant informing him of his intent to initiate separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct— commission of a serious offense is not in the available record; however, the record does show that on 11 April 2006, the applicant acknowledged receipt of the above referenced document and the analyst presumes government regularity in the discharge process.  He was advised of his rights.
         
       On 27 February 2006, 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.  On 8 March 2006, the unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. 
       
       The intermediate commander's reviewed the proposed separation action and recommended approval of the separation with an under other than honorable conditions discharge.  On 10 April 2006, the applicant was notified to appear before an administrative separation board and advised of his rights.  On 15 May 2006, the separation approving authority considered the recommendation by the chain of command and refered the case to the administrative separation board.  
       
       On 15 May 2006, the separation authority approved the conditional waiver request of an administrative separation board, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of under other than honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 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, the issue and documents he submitted, the analyst determined that the applicant’s characterization of service is improper.  
       
       The record shows that the applicant was notified under Board Procedures, AR 635-200.  The final decision for his separation and characterization of service was to be made by the General Court Martial Convening Authority (GCMCA).  The record indicates that the General Court Martial Convening Authority (GCMCA) in his memorandum approved the applicant’s conditional waiver of the administrative separation board for a characterization of service no less favorable than a general, under honorable conditions discharge, but inexplicably checked the block for an under other than honorable conditions discharge.  It appears that this was an error, as the conditional waiver would not involve any thing less than a characterization of service of general, under honorable conditions or else the waiver would not have been conditional.  
       
       
       
       
       Accordingly, the analyst recommends to the board that the applicant’s characterization of service be upgraded to general, under honorable conditions.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  This action entails a restoration of the applicant's grade to SPC/E-4.
       
       The analyst noted the applicant issue that he began to self medicate due to his undiagnosed PTSD and the lack of coping skills with his wife's failing health.  While the applicant may believe his wife's illness at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from this issue through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. 
       
       Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  Furthermore, the applicant's issue regarding his undiagnosed Post Traumatic Stress Disorder; the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  
       
       The applicant further contends that his discharge be upgraded to honorable.  However, there was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The analyst concluded that the discrediting entries in the applicant's record were not outweighed by prior or subsequent service of sufficient merit to warrant a fully honorable discharge.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  

VII.  Summary of Army Discharge Review Board Hearing

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

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 3 July 2012 in lieu of a DD Form 293, self authored statement undated, three character reference letters with various dated.

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 is improper based on the circumstances surrounding the discharge.  The applicant was notified under Board Procedures, AR 635-200, the final decision for his characterization of service was to be made by the General Court Martial Convening Authority (GCMCA).  The record indicates that the General Court Martial Convening Authority (GCMCA) in his memorandum approved the applicant’s conditional waiver of the administrative separation board for a characterization of service no less favorable than a general, under honorable conditions discharge, but inexplicably checked the block for an under other than honorable conditions discharge.  It appears that this was an error, as the conditional waiver would not involve any thing less than a characterization of service of general, under honorable conditions or else the waiver would not have been conditional.  

Accordingly, the Board voted to grant partial 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 both proper and equitable and voted not to change it.  This action entail a restoration of grade to E-4/SPC.





        
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: No Change
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: E-4/SPC

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 AR20120013479
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