IN THE CASE OF:  	Mr. 

      BOARD DATE:  	6 May 2013

      CASE NUMBER:  	AR20120022376
___________________________________________________________________________

Board Determination and Directed Action

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.



      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT'S REQUEST AND STATEMENT:

1.  Although the applicant did not indicate the Board action requested, he will be considered for a possible upgrade of his characterization from under other than honorable conditions to honorable.

2.  The applicant states, in effect, that he was advised to continue intense treatment for manic depression, PTSD and sleeping disorders he developed in the Army.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			3 December 2012
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				2 May 2012
d. Reason/Authority/SPD/RE Code:	  	In Lieu of Trial by Court-Martial, AR 635-200, 								Chapter 10, KFS, RE-4
e. Unit of assignment:				E Co, 1st IN Bn, 24th Infantry Regiment, Fort 								Wainwright, AK
f. Enlistment Date/Term:			2 March 2010, 3 years and 16 weeks
g. Current Enlistment Service:		2 years, 0 months, 26 days
h. Total Service:				2 years, 0 months, 26 days
i. Time Lost:					36 days
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		11C10, Indirect Fire Infantryman
m. GT Score:					104
n. Education:					HS Graduate
o. Overseas Service:				Alaska, SWA
p. Combat Service:				Afghanistan (110425-110810)
q. Decorations/Awards:			NDSM, ACM-2, GWOTSM, ASR, NATO MDL
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:

The record shows the applicant enlisted in the Regular Army on 2 March 2010, for a period of 3 years and 16 weeks.  He was 21 years old and was a high school graduate.  His record indicates he served for 2 years and 26 days which included a combat tour.  The applicant’s record documents no acts of valor or significant achievement.  The applicant was serving at Fort Wainwright, AK when his discharge proceedings were initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 4 April 2012, the applicant was charged with the following offenses:

      a. AWOL (120321-120326)
b. disobeying a lawful order from a commissioned officer not consume alcoholic beverages (120319)
      c. violating a lawful General Order by wrongfully using spice (120308)
      d. two specifications of wrongfully damaging a welcome home poster (120314)
e. two specifications of wrongfully communicating a threat to kill one of his supervisors and hurt his commander (120314, 120315)
      
2.  The applicant’s election of rights is not contained in the available record; however, the record shows that on 4 April 2012 he was placed on pre-trial confinement.  It is presumed the applicant was assigned a defense counsel and would have voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial.  In this request, the applicant would have admitted guilt to the offense, or a lesser included offense.  The immediate commanders recommended trial by a special court-martial empowered to issue a bad conduct discharge.  

3.  On 26 April 2012, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions.  The applicant was reduced to the lowest enlisted rank. 

4.  The applicant was discharged from the Army on 2 May 2012, with a characterization of service of under other than honorable conditions.

5.  The applicant’s record of service shows 36 days of time lost for being AWOL from 21 March 2012 until his return on 25 April 2012.  However, the DA Form 4187 that shows his return from AWOL status is not in the record.  The DD Form 458 (charge sheet) indicates he was AWOL for a lesser amount of time (120321 – 120326) than that reflected on his DD Form 214.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  There are 10 negative counseling statements dated between 20 January 2011 and            20 March 2012, for failing to report to his place of duty on multiple occasions, disobeying lawful orders, destruction of military property, wrongful use of spice, driving while intoxicated, and notification of separation action.

2.  A company grade Article 15 dated 29 February 2012, for failure to report on 3 occasions (120215, 120201, 120120), and leaving his place of duty without proper authorization (111110).  His punishment consisted of reduction to the grade of E-2, forfeiture of $389.00 (suspended), 14 days of extra duty and restriction, and an oral reprimand.

3.  A positive urinalysis dated 8 March 2012, which was coded as PO (Probable Cause) that showed it was positive for spice.

EVIDENCE SUBMITTED BY THE APPLICANT: 

The applicant provided one page of a medical chronology record.

POST-SERVICE ACTIVITY: 

None were provided with the application.  

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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.  Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.

2.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

3.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of his discharge was carefully considered.  However, after examining the applicant’s record of service, the issue and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade.  However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.

3.  The evidence of record confirms the applicant was charged with the commission of offenses punishable under the UCMJ with a punitive discharge.  The applicant was placed in pre-trial confinement and assigned a defense counsel.  The applicant would have voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 

4.  The applicant contends that he suffers from PTSD and other disorders that developed while he was in the Army.  However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  The medical document provided with the application indicates he was suffering from an adjustment disorder with anxious mood.  However, there are many Soldiers with the same condition that completed their service successfully.

5.  Therefore, the reason for the discharge and characterization of service being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance     Date: 6 May 2013		Location: Washington, DC

Did the Applicant Testify?   No

Counsel:  None

Witnesses/Observers: No



















DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted no additional documents:

2.  The applicant presented no additional contention:

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change Authority for Separation:	N/A
Change RE Code to:		N/A
Grade Restoration to:		N/A
Other:					N/A























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	UOTHC - Under Other Than                           			               Honorable Conditions
ADRB Case Report and Directive (cont)		AR20120022376

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1