IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 August 2013

      CASE NUMBER:  	AR20130005138
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant's record of service during the period of enlistment under review and notwithstanding the examiner’s Discussion and Recommendation which follows, the Board determined the discharge to be both proper and equitable and voted to deny relief.  

2.  The Board voted to deny the relief requested because it found the nature of the applicant's misconduct of threatening to kill the First Sergeant, locking and loading his weapon and violating a general order, constituted major offenses which do not warrant the award of an honorable characterization of service.  Moreover, the Board noted the diagnosis of Post-Traumatic Stress Disorder (PTSD); however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  
      
3.  However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries.  

4.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority:
      
      a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, 
      b. block 26, separation code changed to JKQ, 
      c. block 28, narrative reason for separation changed to Misconduct (Serious Offense)
      




      
      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.  On behalf of the applicant, counsel requests an upgrade of the applicant’s discharge from general, under honorable conditions to honorable and a change to the narrative reason.

2.  Counsel states, in effect, the applicant was wrongfully discharged due to PTSD being a significant factor to a diagnosis of personality disorder.  Counsel lists all of the reasons/misconduct which led to the applicant’s discharge. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		11 March 2013
b. Discharge received:			General, under honorable conditions
c. Date of Discharge:			30 November 2005
d. Reason/Authority/SPD/RE:		Misconduct (Absentee Returned to Military Court), AR 					635-200, paragraph 14-12c(1), JKD, RE-3
e. Unit of assignment:			D Company, 2nd Battalion, 504th Parachute Infantry 						Regiment, 82nd Airborne Division, Fort Bragg, NC
f. Current Enlistment Date/Term:  	16 January 2003, 3 years
g. Current Enlistment Service:  	2 years, 10 months, 15 days
h. Total Service:			2 years, 10 months, 15 days
i. Time Lost:				None 
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	11B1P, Infantryman
m. GT Score:				127
n. Education:				College degree
o. Overseas Service:			SWA x 2
p. Combat Service:			Iraq (030906-040906) and Afghanistan								 (050408-050711)
q. Decorations/Awards:		ARCOM, AAM, NDSM, ACM, ICM, GWOTSM
      ASR, OSR, CIB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 16 January 2003, for a period of 3 years.  He was 26 years old at the time and had a college degree.  The applicant served almost three years which included two combat tours (Iraq and Afghanistan).  He earned several awards including an ARCOM, AAM, and CIB.  At the time his discharge proceeding were initiated, he was serving at Fort Bragg, NC.


SEPARATION FACTS AND CIRCUMSTANCES

1.  On 8 November 2005, the unit commander notified the applicant of his intent to process him for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct-commission of a serious offense; specifically for:

     a.  making a statement that he wanted to kill the first sergeant (1SG) and maim the command sergeant major (CSM) by shooting him in the legs and gouging out his eyes (051003).

     b.  locking and loading his weapon while in the barracks area of his forward operating base thus violating general order one by the CJTF commander (0506).

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and informed the applicant of his rights.

3.  The applicant waived the opportunity to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his 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 a general, under honorable conditions discharge.  

4.  On 15 November 2005, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

5.  The applicant was separated on 30 November 2005, under Army Regulation 635-200, Chapter 14-12c(1), for misconduct (AWOL), with a general, under honorable conditions discharge, an SPD code of JKD and an RE code of 3.

6.  The applicant’s record does not contain any periods of lost time for being AWOL.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  There are no Article 15 or UCMJ actions in his record.

2.  Several negative counseling statements that indicate the applicant was being counseled for making homicidal threats, locking and loading his weapon, attempting suicide, and for being  referred to mental health.  

EVIDENCE SUBMITTED BY THE APPLICANT 

A DD Form 293; DD Form 214; counsel’s statement on behalf of the applicant, 6 pages; mental health documents 6 pages; a memorandum for his doctor for an excused absence; employment verification documents; and case separation documents, 14 pages.

POST-SERVICE ACTIVITY: 

Counsel contends the applicant is currently working and is receiving treatment for PTSD.

REGULATORY AUTHORITY

1.  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.  

2.  Army Regulation 635-200, 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.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, 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.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

DISCUSSION AND RECOMMENDATION:

1.  After a careful review of the applicant’s military records for the period of enlistment under review, the issues and documents submitted with the application, it appears that the discharge is now inequitable based on his military service conduct which provides the basis for a more thorough understanding of his performance during the period of service under review.

2.  The record supports a conclusion that the applicant’s discharge is now inequitable based on the following factors:

     a.  The overall length and quality of the applicant's service.  The applicant had served 
2 years and 10 months of a 3 year enlistment.

     b.  He had two tours in a combat zone and was awarded an ARCOM, AAM and a CIB.  

     c.  He attained the grade of E-4/SPC.

     d.  On 3 October 2005, the 82d Airborne Division Psychiatrist recommended the applicant be expeditiously discharged from the military via Chapter 5-13 or through other administrative means deemed appropriate by his command.

     e.  The applicant is currently receiving treatment and therapy for his medical conditions.

3.  Counsel contends the applicant was wrongfully discharged due to PTSD being a significant factor to a diagnosis of personality disorder.  

4.  In view of the foregoing, it appears the discharge is now inequitable and it is recommended the Board grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority.  
 
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	Date:  21 August 2013	Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  Yes (redacted)

Board Vote:
Character  	Change:  2	No Change:  3
Reason	Change:  0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	No Change
Change Reason to:			Misconduct (Serious Offense)
Change RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	AR 635-200, Chapter 14, Paragraph 14-12c
Other:					Separation Program Designator (SPD) Code to JKQ








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)		AR20130005138



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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