IN THE CASE OF:  	Mr. 

      BOARD DATE:  	10 May 2013

      CASE NUMBER:  	AR20130005449
___________________________________________________________________________

		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 that the characterization of service was too harsh based on the applicant’s length and quality of his service to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined the reason for discharge was proper and equitable and voted not to change it.  




      
      
      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.  The applicant requests an upgrade of his under other than honorable conditions discharge to honorable.

2.  The applicant states, in effect, he was a good Soldier and served his country overseas in Iraq.  While he was deployed he was engaged in combat which included being hit by IED's, small arms fire, clearing rooms, taking mortar and RPG rounds and seeing many casualties.

3.  When he returned home he started having problems which included insomnia, anxiety attacks, nightmares, general nervousness and anger outbursts.  He began-self medicating with alcohol for his anxiety.  He also experimented with crystal meth for a brief period, primarily because he was afraid to sleep due to his nightmares. 

4.  Most of his command and peers had never seen combat or even been deployed.  Sympathies toward his behavior were little to none.  He began getting in trouble for being late and having a "lack of motivation".  When he did speak up about his problems he was sent to mental health where he was eventually diagnosed with PTSD.  His command did not like him, because they could not understand why he couldn't just get over it, so he was always getting counseling statements and Article 15's. 

5.  He was discharged a month before his contract expired and for him not to have an honorable discharge is a complete and total disregard of the sacrifices he made while serving his country.  Most of the reason for his change of behavior was because of the things he saw and did in Iraq.  He realizes that his command couldn't understand his condition and that's fine; however, to be denied of the benefits he earned while serving his country because of a lack of understanding from his superiors is wrong.

6.  He realizes the mistakes he made but to be robbed of what he earned because of some personal issues between him and his command can't be the right thing to happen to him.  He really has nothing more to say other than that serving his country is probably one of the greatest things he has done in his life.  That in itself is a reward.  He comes not as the proudest Soldier on the planet, mainly, because of the situation of appealing his discharge; however, he fought for his country and its freedom, and will fight for what is his, and believes that is an honorable discharge. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		18 March 2013			
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			6 July 2010	
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:			Company C, Division Special Troops Battalion,       						4th Infantry Division (Mechanized), Fort Carson, CO	
f. Current Enlistment Date/Term:	22 August 2006, 4 years	
g. Current Enlistment Service:	3 years, 9 months, 24 days
h. Total Service:			3 years, 9 months, 24 days
i. Time Lost:				22 days 
j. Previous Discharges:		None	
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	25C10, Radio Operator-Maintainer 
m. GT Score:				NIF
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (071109 - 090206)
q. Decorations/Awards:		ARCOM, NDSM, ICM-CS-2, GWOTSM, ASR, OSR
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 22 August 2006 for a period of 4 years.  He was 25 years old at the time of entry and a high school graduate.  He served in Iraq, earned an ARCOM and completed 3 years, 9 months, and 24 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s disciplinary history includes accrual of a total of 22 days of time lost for being AWOL twice from (100318 - 100323) and (100328 - 100412) until his return.  Additionally, the applicant was also charged with wrongfully using methamphetamines on two occasions (090412 and 100315).  

2.  On 17 May 2010, a court-martial charge was preferred against the applicant for violating Article 86 of the Uniform Code of Military Justice (UCMJ) based on the AWOL offenses and violating Article 112a based on wrongfully using methamphetamines as outlined in the preceding paragraph.  

3.  On 7 June 2010, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial and of the maximum permissible punishment under the UCMJ, of the possible effects of a discharge under other than honorable conditions, and of the rights and procedures available to him.  Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.

4.  In his request for discharge, the applicant acknowledged that by submitting the request for discharge he was admitting he was guilty of the charge against him or of a lesser-included offense that also authorized the imposition of a bad conduct discharge.  He also confirmed his understanding that if his request for discharge was approved, he could receive an under other than honorable conditions discharge.  He further stated he understood that receipt of an under other than honorable conditions discharge could result in his being deprived of many or all Army benefits, his possible ineligibility for many or all benefits administered by the Veterans Administration, and he could be deprived of his rights and benefits as a veteran under State and Federal laws.  The applicant requested a general, under honorable conditions discharge.  

5.  On 10 June 2010, the separation authority approved the applicant's request for discharge and directed that he be reduced to the lowest enlisted grade and issued a UOTHC Discharge Certificate.  

6.  On 6 July 2010, the applicant was discharged accordingly.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 3 years, 9 months and 24 days of creditable active military service and accrued 22 days of time lost due to being AWOL twice.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.   There are 2 positive urinalysis reports contained in the record coded PO, Probable Cause, 15 March 2010 and 12 April 2010 for methamphetamines (DMETH).   

2.  The applicant mentions Article 15s (plural); however, they are not contained in the available record. 

3.  A negative counseling statement dated 4 March 2010, for a positive urinalysis and failure to be at his appointed place of duty.
      
4.  A DD Form 458, Charge Sheet, dated 17 May 2010, which indicates the applicant was charged with going AWOL twice and wrongfully using DMETH twice. 

EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided an on-line application, and a DD Form 214. 

POST-SERVICE ACTIVITY: 

None provided by the applicant.

REGULATORY AUTHORITY:

1.  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.  

2.  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.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, his available military records, and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to general, under honorable conditions for the following reasons:  

	a. Length and quality of service:  The applicant served 3 years and 9 moths and 24 days of a 4-year enlistment, thus the preponderance of his service was honorable.

	b. The record confirms the applicant received several awards, specifically an ARCOM and an ICM-CS-2 which were for his tour in combat.

3.  This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 

4.  The applicant contends that he was diagnosed with Post-Traumatic Stress Disorder (PTSD); however, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

5.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	  Date: 10 May 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 

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:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA


















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)		AR20130005449

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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