IN THE CASE OF:  	Mr. 

      BOARD DATE:  	8 January 2014

      CASE NUMBER:  	AR20130009346
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and 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 service (i.e., ARCOM, AGCM, and HD) to include his combat service and as a result it is inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization to honorable and a change to the narrative reason of the applicant’s discharge to Secretarial Authority, under the provisions of Chapter 5-3, AR 635-200, with a corresponding SPD Code of JFF, and a reentry code (RE) of 1.





      
      
      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, his father requests an upgrade of his son’s discharge from general, under honorable conditions to honorable.

2.  The applicant’s father states, in effect, that his son had superior performance prior to deployment.  He was diagnosed with PTSD in theatre and his performance decline and substance abuse started upon his return to home station after misdiagnoses and no structured PTSD treatment.  There was no unit acknowledgment, diagnosis by CMA or structured PTSD treatment that took place even though symptoms persisted and were documented.  He received post-service diagnosis and treatment for DSM-IV Chronic PTSD.  The discharge was both inequitable and improper and not consistent with the policies and traditions of military service for injured members.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		13 May 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			21 October 2011
d. Reason/Authority/SPD/RE:		Alcohol Rehabilitation Failure, Chapter 9,                						AR 635-200, JPD, RE-4
e. Unit of assignment:			HHC, 5th Engineer Battalion, 4th Maneuver 							Enhancement Brigade, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:  	29 July 2008, 4 years 
g. Current Enlistment Service:  	3 years, 2 months, 23 days
h. Total Service:			3 years, 10 months, 14 days
i. Time Lost:				None
j. Previous Discharges:		ARNG (071207-080116), NA									IADT (080117-080728), HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	68W10, Health Care Specialist
m. GT Score:				129
n. Education:				HS Graduate
o. Overseas Service:			SWA
p. Combat Service:			Iraq (081025-090628)
q. Decorations/Awards:		ARCOM, AGCM, NDSM, ICM-w/CS, GWOTSM, ASR. 					OSR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
u. Prior Board Review:			No





SUMMARY OF SERVICE:		
	
The applicant enlisted in the ARNG on 7 December 2007 for a period of 8 years.  After IADT, the applicant enlisted in the Regular Army on 29 July 2008, for a period of 4 years.  He was 
20 years old at the time he joined the Army and was a high school graduate.  He served a combat tour in Iraq.  His record indicates he was awarded an ARCOM and an AGCM.  When his discharge proceedings were initiated, he was serving at Fort Leonard Wood, MO.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s service record does not contain all the facts and circumstances concerning the events which led to his discharge from the Army.  The unit commander’s notification of intent to separate him from the Army is not in the record.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  

2.  On 3 October 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

3.  The record also shows that on 27 February 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and submitted a statement on his own behalf (NIF).

4.  The DD Form 214 indicates that on 21 October 2011, the applicant was discharged under the provisions of Chapter 9, AR 635-200, for alcohol rehabilitation failure, with a characterization of service of general, under honorable conditions.  The DD Form 214 also shows a Separation Program Designator (SPD) code of JPD and a reentry (RE) code of 4.  

5.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are no negative counselings or actions under the Uniform Code of Military Justice.

EVIDENCE SUBMITTED BY THE APPLICANT 

On behalf of the applicant, his father provided a DD Form 293, a detailed statement of the applicant military and post service, death certificate, letter of authority for the applicant’s estate, honorable discharge certificate from the National Guard, Basic Training Certificate, Certificate of Training for NREMT Certification Class, Health Care Specialist Course Diploma, “No-limitations Deployable” from Readiness Processing Center, DD Form 214, Certificate of Promotion to Private First Class, two Anaconda/Balad Health Records (090213 and 090312),  PTSD diagnosis, last deployment medical assessment showing PTSD and current medications, ARCOM, Psychiatry diagnosis of “persistent insomnia”, Certificate of Promotion to Specialist (SPC), Best Sapper Competition Certificate of Appreciation, two Ft Leonard Wood Health Care Records (100129 and 101026), Enlisted Record Brief, Psychiatry Evaluation after residential treatment, diagnosis of personality pathology; Discharge Medical Exam, defect/diagnosis of “Adjustment Disorder & Anxiety”, Separation Recommendation Memorandum (110906 and 111003), VA Form 21-526, Request for VA Comp & Pension assessment, the treating physician PTSD diagnosis memorandum, Dr. V, Post Service VA Initial PTSD Questionnaire, VA PTSD Residential Rehab Treatment Program memorandum, and two character reference memoranda. 

POST-SERVICE ACTIVITY: 

The applicant, prior to his death, was receiving medical treatment through the VA.

REGULATORY AUTHORITY  

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  

2.  A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.  

3.  Army policy states that an honorable or general, under honorable conditions discharge is authorized depending on the applicant’s overall record of service

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 post-service medical evaluations and his overall service record.  

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

	a.  Overall length and quality of the applicant's service prior to his discharge, receiving an honorable discharge from the ARNG prior to enlisting in the Regular Army, and a combat tour in Iraq.  
	
	b.  Obtaining the rank of SPC, being awarded an ARCOM and the AGCM, and successful completion of several military schools.

	c.  His post-service medical evaluation which provides the basis for a more thorough understanding of his performance during the period of service under review.

3.  The applicant was enrolled in ASAP three times after his deployment (two outpatient and one inpatient).  

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:  8 January 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  (yes) redacted

Witnesses/Observers:  NA 

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

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			Secretarial Authority
Change Authority for Separation:	AR 635-200, Chapter 5-3
Change RE Code to:		1
Grade Restoration to:		NA
Other:					Separation Program Designator (SPD) JFF













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)		AR20130009346



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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