Applicant Name:  ?????

Application Receipt Date: 2012/08/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, he would like his discharge upgraded so that he can obtain the proper mental health treatment.  He would also like to be able to use his G.I. Bill to further his education and become a productive member of society.

His medical records will show that he was a mental health patient at Womack Army Hospital.  His records will also show that he was originally suppose to be discharged under Chapter 5-17.

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: NIF
Discharge Received: 			   Date: 120511   Chapter: 10       AR: 635-200
Reason: In Lieu of Trial by Court-Martial	   RE:     SPD: KFS   Unit/Location: A Company, 188th Brigade Support Battalion, 18th Fires Brigade, 82d Airborne Division (Rear)(Provisional), Fort Bragg, NC 

Time Lost: AWOL for a total of 238 days (110909-120504), mode of return is unknown.  Total lost time is 238 days

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:  19
Current ENL Date: 100127    Current ENL Term: 03 Years  23 weeks
Current ENL Service: 	01 Yrs, 07 Mos, 19 Days ?????
Total Service:  		01 Yrs, 07 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Specialist   GT: NIF   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.




VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  Furthermore, the record contains the staff judge advocate (SJA) review of the applicant's request for discharge which shows the applicant was charged with four (4) specifications of Article 86: one specification of AWOL and three specifications of failing to go to his appointed place of duty; three (3) specifications of Article 91: disrespectful language toward, willfully disobeying, and assault upon a noncommissioned officer; two (2) specifications of Article 92: failure to obey a lawful general regulation; and two (2) specifications of Article 134: conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces.
       
       On 27 April 2012, the applicant submitted a request for discharge in lieu of trial by court-martial with the understanding that he may receive an Under Other Than Honorable Conditions characterization of service.  The applicant’s chain of command recommended approval (SJA memorandum) of the request for discharge in lieu of trial by court-martial.  The SJA recommended approval of the applicant's request for discharge in lieu of trial by court-martial and directed an an Under Other Than Honorable characterization of service.

            On 3 May 2012, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge.  The applicant was reduced to the lowest enlisted rank.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s available military records, 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 evidence of record indicates that the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge.  The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial.  In doing so, the applicant admitted guilt to the stipulated or lesser included offenses under the UCMJ.  
       
       The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of that prior to requesting discharge. 
       
       
       Moreover, the applicant contends his medical record show that he was a mental health patient at Womack Army Hospital and he was originally suppose to be discharged under Chapter 5-17.  The analyst noted the applicant's contentions; however, the analyst determined that Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition like a personality or adjustment disorders solely to spare a Soldier who may have committed serious acts of misconduct.  
       
            Furthermore, the analyst noted the applicant’s issue about being treated for mental health treatment while on active duty; as outlined in the documents with his application.  However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for the discharge and characterization of service granted.
       
       In addition, the analyst noted the applicant's issues about his desire to have better job (productive citizen) opportunities and the benefits of the GI Bill.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Additionally, 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.
       
            Lastly, 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.  

       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:  1 April 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, DD Form 214; and AMHRR/medical documents, 103 pages















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 Discussion and Recommendation which follows, the Board determined the discharge to be 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: N/A
Other: N/A
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




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????



Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120015515
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