IN THE CASE OF:  	

      BOARD DATE:  	17 November 2014

      CASE NUMBER:  	AR20140016197
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and notwithstanding the examiner’s Discussion and Recommendation that follows, the Board determined that the characterization of service was too harsh based on the overall length and quality of the applicant’s service to include his combat service and his testimony (i.e., being misinformed by the unit administrator), and as a result, it is inequitable.  

2.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, a change to the narrative reason for separation to Secretarial Authority, AR 635-200, Chapter 5, Paragraph 5-3.  This action entails a change to the reentry eligibility (RE) code 1, and a restoration of grade to E-5/SGT.




      
      
      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 discharge from under other than honorable conditions to general, under honorable conditions, or honorable, and a change to the narrative reason for separation.

2.  The applicant states through counsel, in effect, he was experiencing symptoms of Post Traumatic Stress Disorder (PTSD) in 2008 after shooting and killing a suspect in self defense as an undercover narcotics detective.  From April 2008 until December 2009, he continued to receive certified letters stating he was absent from drills and was told by SFC B, the unit was waiting for a medical review board (MRB).  However, he was discharged with an under other than honorable conditions discharge.

DISCHARGE UNDER REVIEW INFORMATION:

a.  Application Receipt Date:		15 September 2014
b.  Discharge Received:			Under Other Than Honorable Conditions
c.  Date of Discharge:			5 October 2012				                    d.  Reason/Authority/SPD/RE Code:	NIF
e.  Unit of assignment:			HHC, 256th Combat Support Hospital, Twinsburg, OH	 f.   Current Enlistment Date/Term:		15 July 2005, 6 years
g.  Current Enlistment Service:		3 years, 7 months, 23 days
h.  Total Service:				12 years, 2 months, 8 days     
i.   Time Lost:				NIF								 j.   Previous Discharges:                       	RA-(900821-931215)/HD											ARNG-(931216-950412)/HD										USAR (950413-980317)/HD										     (Break In Service)											USAR (030325-040312)/HD										      (Break In Service)
k.  Highest Grade Achieved:		E-5
l.   Military Occupational Specialty:	91W20, Health Care Specialist
m. GT Score:                       		110
n.  Education:                			HS Graduate
o.  Overseas Service:   			Southwest Asia/Prior Service (PS)
p.  Combat Service:      			Saudi Arabia (dates NIF)
q.  Decorations/Awards:           		AAM-2, AGCM, NDSM, SWASM-W/3 BSS, ASR 							KLM-SA, KLM-KU CMB (all PS)
r.   Administrative Separation Board:  	NIF
s.  Performance Ratings:              		None
t.  Counseling Statements:              	No
u.  Prior Board Review:			No



SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 21 August 1990, for a period 4 years.  He was 18 years old at the time and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 91B10, Medical Specialist.  His record also shows he served a combat tour, earned several awards including an AAM-2, AGCM, and a CMB; he achieved the rank of SPC/E-4.  He was discharged on 15 December 1993 with an honorable discharge.  He enlisted in the Army National Guard on 16 December 1993, for a period of 4 years, 2 months, and 28 days, and he was 22 years old at the time.  He was discharged on 12 April 1995, with an honorable discharge.  He enlisted in the US Army Reserve on 13 April 1995, for 8 years and was 23 years old at the time.  He was discharged on 17 March 1998, with an honorable discharge.  He had a break in service.  He enlisted in the US Army Reserve on 25 March 2003, for a period of 1 year, and was 31 years old.  He was discharged on 12 March 2004, with an honorable discharge.  He had a break in service.  He enlisted in the US Army Reserve on          15 July 2005, for a period of 6 year and was 34 years old.  His service record for the period under review does not reflect any personally earned awards or any combat service.  He was serving at Twinsburg, OH when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his discharge from the US Army Reserve.  

2.  The available evidence in the record indicates on 11 March 2009, DA, HQS, 807th Medical Deployment Support Command, Salt Lake City, UT, Orders 09-070-00032, discharged the applicant from the US Army Reserve, effective 7 March 2009, with an under other than honorable conditions discharge.  The applicant was reduced to the lowest enlisted rank.

3.  The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions. 

4.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniformed Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Reduction/Discharge Orders 09-070-00032, dated 11 March 2009.

2.  A successful NCOER covering the period from 1 October 2005 through 30 September 2006 and a marginal NCOER covering the period from 1 October 2006 through 30 September 2007.  

3.  Five Enlistment/Reenlistment Documents, dated 14 March 1990, and 15 July 2005.


EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, attorney’s brief (five pages), three letters from a psychiatrist, and a support statement.

POST-SERVICE ACTIVITY: 

The applicant did not provide any information with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 135-178, sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. 

2.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 

3.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge a change to the narrative reason for separation was carefully considered.  However, after examining the applicant’s record of service, his available military records, and the application he submitted, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for separation.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the U.S. Army Reserves.  However, the record shows on 11 March 2009, DA, HQS, 807th Medical Deployment Support Command, Salt Lake City, UT, Orders 09-070-00032, discharged the applicant from the US Army Reserve, effective             7 March 2009, with an under other than honorable conditions discharge.
3.  Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  The applicant requested a change to the narrative reason for separation.  The narrative reason for separation is governed by specific directives.  The complete facts and circumstances leading to the discharge are unknown.  The applicant bears the burden of presenting substantial and credible evidence to support his request to change the reason for his discharge.  There is no evidence in the record, nor has the applicant provided any evidence, to support the request that the reason for his discharge was improper or inequitable.

5.  The applicant contends he was experiencing symptoms of PTSD, which he did not recognize at the time; he received certified letters from April 2008 until December 2009 stating he was absent from drills and he informed the unit of his condition.  He was told the unit was initiating a MRB.  The issues regarding his discharge being set aside and a medical review board being initiated for chronic PTSD and major depression was previously considered by the ABCMR and denied.  The applicant’s request does not fall within the purview of the ADRB.  

6.  It is still the applicant’s responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

7.  Therefore, based on the available evidence and the presumption of government regularity, it appears based on the discharge order the characterization of service was both proper and equitable; the analyst recommends the Board deny relief.

SECRETARIAL REVIEWING AUTHORITY (SRA):

After reviewing your case, the Army Discharge Review Board dissented from the analyst’s recommendation to deny relief. Further, the President of the Board dissented from the majority vote to grant relief as detailed in the enclosed record of proceeding and referred your case to the Deputy Assistant Secretary of the Army (Review Boards) for a final decision.  Upon review, the Secretarial Reviewing Authority adopted the Board President’s recommendation to overturn the Board’s decision. You failed to provide sufficient documentation, or independent evidence, that your participation was satisfactory to support your contentions to overcome the presumption of government regularity.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Personal Appearance   Date: 17 November 2014   Location: Washington, DC

Did the Applicant Testify:  Yes

Counsel:  Mr. William E. Cassara, PO Box 2688, Evans, GA  30809

Witnesses/Observers:  None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

     a.  Evaluations from Doctors S, B, M, H, and M (44 pages)
     b.  Workers Comp documents (8 pages)
     c.  Letters from Doctor S (2 pages)
     d.  Medical Records (2 pages)
     e.  Police Medal of Honor
     f.   News articles

In addition to the evidence in the record, the Board carefully considered the additional documents, and testimony, presented by the applicant at the personal appearance hearing.

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

Board Action Directed:
Issue a new Discharge Order:  		Yes
Change Characterization to:  		General, Under Honorable Conditions
Change Reason to:  			No Change
Change Authority for Separation:  	AR 635-200, Chapter 5, Paragraph 5-3	
Change RE Code to:  			No Change
Grade Restoration to:  			E-5/SGT
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)		AR20140016197



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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