IN THE CASE OF:  	Mr. 

      BOARD DATE:  	31 July 2013

      CASE NUMBER:  	AR20130009621
___________________________________________________________________________

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 was both 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.  The applicant requests an upgrade of his general, under honorable conditions discharge to honorable.

2.  The applicant states, in effect, that when he returned from Iraq he was suffering from PTSD and TBI and did not know it.  He was exposed to IED blasts and heavy fire fights.  He began abusing pain pills on a daily basis to cope.  He confessed to his chain of command that he was using drugs everyday and subsequently he was sent to the field for three weeks and was not able to complete ASAP.  He was given little help to recover, as it was his company commander’s intent to have him discharged.  He believes he was discharged without a chance to recover and make up for his misconduct when he was clearly suffering from PTSD and TBI.  He would like to be able to use the GI Bill and believes he deserves an honorable discharge.    
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 May 2013		
b. Discharge Received:		General, Under Honorable Conditions
c. Date of Discharge:			3 December 2010	
d. Reason/Authority/SPD/RE Code:	Misconduct, (Serious Offense), AR 635-200, 								Chapter 14-12c, JKQ, RE-3	
e. Unit of assignment:			Headquarters and Headquarters Company,             						3rd Brigade Combat Team, 82nd Airborne Division, 						Fort Bragg, NC			
f. Current Enlistment Date/Term:	27 August 2007, 4 years
g. Current Enlistment Service:	3 years, 3 months, 7 days
h. Total Service:			3 years, 3 months, 7 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	46R1P, Broadcast Journalist
m. GT Score:				111
n. Education:				HS Graduate
o. Overseas Service:			South West Asia
p. Combat Service:			Iraq (081201-091115)
q. Decorations/Awards:		ARCOM, AAM, NDSM, ICM-CS, GWOTSM, ASR, 							CAB
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No
v. 
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 27 August 2007 for a period of 4 years.  He was      19 years old at the time of entry and a high school graduate.  He served in Iraq, earned an ARCOM and an AAM, and completed 3 years, 3 months, and 7 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 28 October 2010, the unit commander notified the applicant of initiation of separation action under the provision of Army Regulation 635-200, Chapter 14, Paragraph 14-12c, Commission of a Serious Offense; specifically for, wrongfully making a false official statement. 

2.  Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge.

3.  On 28 October 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on 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 with a general under honorable conditions discharge.  

4.  On 4 November 2010, the separation authority approved and directed the applicant’s discharge with a characterization of service of general under honorable conditions.  

5.  The applicant was separated on 3 December 2010, under Army Regulation 635-200, Chapter 14-12c, with a general, under honorable conditions discharge, an SPD code of JKQ, and an RE code of 3.               

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  An Article 15, dated 13 July 2010, failed to go at the time prescribed to his appointed place of duty on 2 occasions (100604) and (100618); violated a lawful general order by wrongfully storing his TA-50 in a privately owned vehicle between (100519-100526); reduction to E-3 (suspended), to be automatically remitted if not vacated before (100913), forfeiture of $423 pay per month for one month (suspended), to be automatically remitted if not vacated before (100913), and 14 days of extra duty, (CG).  

2.  An Article 15, dated 1 Sept 2010, failed to report on 2 separate occasions on (100723); made a false official statement on (100723); forged a note from SPC M stating that the applicant was treated for insomnia on (100723).  The punishment consisted of reduction to the grade of E-1, forfeiture of $723 pay per month for two months, and 45 days of extra duty and restriction, (FG). 
      
3.  Four negative counseling statements dated between 27 May 2010 and 23 July 2010, for leaving issued equipment in his vehicle instead of properly securing it in his barracks room, missing a movement twice, discussed various UCMJ Articles and the importance of accountability.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were provided by the applicant.

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

2.  The record confirms 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.  It brought discredit on the Army, and was prejudicial to good order and discipline.  By the misconduct, the applicant diminished the quality his service below that meriting a fully honorable discharge.  The applicant’s record of service was marred by 2 Articles 15 for multiple violations of the Uniform Code of Military Justice.

3.  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.  

4.  The applicant contends he suffers from Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI).  However, the service record contains no evidence of PTSD or TBI diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

5.  The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  The applicant contends he was not given ample help or treatment to recover.  However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record.  

7.  The records show the proper discharge and separation authority procedures were followed in this case.  

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












SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review         Date:  31 July 2013         Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Witnesses/Observers: NA 

Board Vote:
Character Change:  1	No Change:  4
Reason Change:	1	No Change:  4
(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)		AR20130009621



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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