Applicant Name:  ?????

Application Receipt Date: 2012/12/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant request that his discharge be upgraded to honorable so that he can reenlist in the Army.  He was an outstanding Soldier when he was in; however, 2005-2006 was very hard years on him and his family and not knowing how to deal with his PTSD.  He has learned over the years on how to deal with PTSD.  In 2005, his wife at the time was in the Air Force and she was sexually assaulted and the Army only gave him a week to stay home and take care of her.  This assault on top of loosing his 1LT to an IED in 2003, made his drinking a problem.  His goal is to reenlist within the next 6-12 months which would be an important step for him.  He would also like to have his narrative reason for separation changed to personal reasons and the reentry eligibility (RE) code. 

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: 051212
Discharge Received: 			   Date: 060216   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: HQS & HQS Battery, 319th Airborne Field Artillery Regiment, 82nd Airborne Division, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050520, failed to go to his appointed place of duty x 2, (050404), (050511), with intent to deceive, made a statement to a 1LT which was false (050302), forfeiture of $480.00 pay per month for 1 month, restriction and extra duty for 14 days, suspended, to be automatically remitted if not vacated before (050603), (CG)

050609, failed to go to his apppointed place of duty x 3, (050601), (050603), (050603), reduction to the grade of Specialist (E-4), forfeiture of $938.00 pay per month for two months, restriction and extra duty for 45 days, (FG)

051122, failed to go to his appointed place of duty (051115), reduction to the grade of Private (E-2), restriction and extra duty for 45 days, (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/030402    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 10 Mos, 15 Days ?????
Total Service:  		07 Yrs, 00 Mos, 12 Days ?????
Previous Discharges: 	ARNG 990205-010131/HD
                                               RA       010202-030401/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 13S1P FA Surveyor   GT: 96   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (030505-040504)
Decorations/Awards: ARCOM (3), AAM, AGCM, NDSM, GWOTSM, ICM, ASR, OSR, C/Ach

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: The applicant stated in his issue that he is currently managing a McDonalds and enrolled in and completed an alcohol abuse program.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 December 2005, 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 a pattern of misconduct; in that he received a Company Grade Article 15 dated 17 May 05, for failing to to report to his appointed place of duty x 2, (050404), (050511), and made a false official statement to a 1LT Vernon (050302), Field Grade Article 15 dated 9 Jun 05, for failing to report to his appointed place of duty x 3, (050601), (050603), (050603), and received another Field Grade Article 15 dated 22 Nov 05, for failuringto report to his appointed place of duty (051115).  The unit commander recommended separation with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 5 January 2006, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived his right to an administrative separation board), 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.  
       
       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, 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 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 analyst noted the applicant's issue that between the years 2005-2006, they were very hard years on him and his family and not knowing how to deal with his PTSD.  He has learned over the years on how to deal with PTSD.  In 2005, his wife at the time was in the Air Force and she was sexually assaulted and the Army only gave him a week to stay home and take care of her.  While the applicant may believe his family issues at home and was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from issues 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 record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and the applicant submitted no evidence to support that the discharge was the result of any medical condition.  The applicant was given a mental status evaluation on 30 November 2005, by competent medical authority during the period of service under review and was found to be mentally responsible for his behavior and could distinguish right from wrong.  It was further found that there was no evidence of an emotional or mental disorder of psychiatric significance to warrant disposition through medical channels and the applicant was cleared for any administrative action deemed appropriate by his chain of command.  
       
       The applicant further contends he would like to have his narrative reason for separation and the reentry eligibility (RE) code changed.  The applicant was discharged under the provisions of Chapter 14, AR 635-200, by reason of a pattern of misconduct with a general, under honorable conditions discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct” and the separation code is "JKA," with a reentry eligibility (RE) code "3."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, the separation code, entered in block 26, and the reentry eligibility (RE) cdoe entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       
       Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should continue to contact a local recruiter to determine eligibility to reenlist.  Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 
       
       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 dated 30 November 2012, copies of his certificates of awards with various dates.  

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: N/A


















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 AR20120022097
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