1.	APPLICANT’S NAME:  

	a.	Application Date:  9 July 2014

	b.	Date Received:  14 July 2014

	c.	Counsel:  None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests to upgrade the characterization of his discharge from under other than honorable conditions to general, under honorable conditions.  The applicant’s self-authored statement, in pertinent part and in effect, states his discharge was inequitable because it was based on an isolated incident in his 61 months of service.  He detailed the events surrounding his deployments, his divorce, his friend committing suicide that devastated him and the resulting event and charges that led to his discharge, and the subsequent diagnosis of PTSD.  He adds he was promoted to E-5 within five years and listed the numerous awards he received.  Since his discharge, he has completed his BA degree in psychology and is working on his master’s degree and ultimately a PhD so that he may help returning veterans deal with PTSD based on his own experiences.

In a records review conducted at Arlington, Virginia, on 11 September 2015, and by a 5-0 vote, the Board, after carefully examining the applicant’s record of service during the period of enlistment under review, determined that the characterization of service was too harsh, and as a result, it is inequitable.  The Board found that the length and quality of the applicant’s service, to include his combat service, the circumstances surrounding the discharge (i.e., overt signs of PTSD and diagnosed with insufficient social support) mitigated the discrediting entries in the service record.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the Board determined the reason for discharge was proper and equitable and voted not to change it.   This action entails a restoration to the rank of E-5/SGT.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions 

	b.	Date of Discharge:  21 March 2012

	c.	Separation Facts:  

		(1)	DD Form 458, Charge Sheet:  On 14 February 2012, the applicant was charged with the following charges:

	Charge I, violation of Article 91, UCMJ, for assaulting a superior NCO who was in the execution of his office, on 25 January 2012;
	Charge II, violation of Article 92, UCMJ, for violating a lawful general order on 2 January 2012;
	Charge III, violation of Article 128, UCMJ, for assaulting an NCO on 25 January 2012; and
	Charge IV, violation of Article 134, UCMJ, for conduct being disorderly on 25 January 2012.
		
		(2)	Basis for Separation:  Pursuant to applicant’s request for discharge under the provisions of Chapter 10, In Lieu of Trial by Court-Martial.

		(3)	Recommended Characterization:  Under Other Than Honorable Conditions discharge  
		(4)	Legal Consultation Date:  25 February 2012

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  28 February 2012 / Under Other Than Honorable Conditions discharge 

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  28 January 2010 / 4 years

	b.	Age at Enlistment/Education/GT Score:  22 / GED / 117

	c.	Highest Grade Achieved/MOS/Total Service:  E-5 / 68W10, Health Care Specialist / 5 years, 1 month, 1 day
  
	d.	Prior Service/Characterizations:  RA (21 February 2007-4 May 2008) / HD
						         RA (5 May 2008-27 January 2010) / HD
  
	e.	Overseas Service/Combat Service:  SWA, Germany / Afghanistan (9 July 2011-12 March 2012), Iraq (24 July 2009-27 August 2010)
  
	f.	Awards and Decorations:  ARCOM-3; AAM; AGCM; NDSM; ACM-CS; ICM-CS; GWOTSM; ASR; OSR-2
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  Charge Sheet described at the preceding paragraph 3c(1).
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  PTSD referenced in the applicant’s self-authored statement.

5.	APPLICANT-PROVIDED EVIDENCE:  A self-authored statement; DD Form 214 for service under current review; ERB; BS degree certificate; and university transcripts

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant states, in effect, since his discharge, he has completed his BA degree in psychology and is working on his master’s degree and ultimately a PhD so that he may help returning veterans deal with PTSD based on his own experiences.

7.	REGULATORY CITATION(S):  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.  

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.  

8.	DISCUSSION OF ISSUE(S):  The applicant requests to upgrade the characterization of his discharge from under other than honorable conditions to general, under honorable conditions.  

The applicant’s record of service, and the issues and documents submitted with his application were carefully reviewed.

The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

The applicant seeks relief contending his discharge was inequitable because it was based on an isolated incident in his 61 months of service.  He detailed the events surrounding his deployments, his divorce, his friend committing suicide that devastated him and the resulting event and charges that led to his discharge, and the subsequent diagnosis of PTSD.  He adds he was promoted to E-5 within five years and listed the numerous awards he received.  

The applicant contends the incident that caused his discharge was an isolated incident.  Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army.  The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline.

The applicant contends he was diagnosed with 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.  

The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the preferral of charges and subsequently his request for discharge in lieu of trial by court-martial proceeding were carefully considered.  However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the serious incidents of misconduct.

The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

In view of the above, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process.  

9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  			Yes

	b.	Change Characterization to:  		General, Under Honorable Conditions

	c.	Change Reason to:  				No Change

	d.	Change SPD/RE Code to:  			No Change

	e.	Restore (Restoration of) Grade to:  	E-5/SGT


AUTHENTICATING OFFICIAL:  




COL, US ARMY
Presiding Officer
Army Discharge Review Board



















Legend:
AWOL - Absent Without Leave	GD - General Discharge	NIF - Not in File	SPCM - Special Court Martial 
BCD - Bad Conduct Discharge	HS - High School		OAD - Ordered to Active Duty	SPD - Separation Program Designator
CG - Company Grade Article 15	HD - Honorable Discharge	OMPF - Official Military Personnel File	TBI – Traumatic Brain Injury
CID - Criminal Investigation Division	MP – Military Police	PTSD – Post-Traumatic Stress Disorder	UNC - Uncharacterized Discharge  
ELS – Entry Level Status	IADT – Initial Active Duty Training	RE - Reentry	UOTHC - Under Other Than Honorable Conditions
FG - Field Grade Article 15	NA - Not applicable	SCM - Summary Court Martial	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20140012539


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