1.	APPLICANT’S NAME:  

	a.	Application Date:  30 September 2014

	b.	Date Received:  10 November 2014

	c.	Counsel:  Yes

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his discharge characterization from general, under honorable conditions to honorable.  The applicant states, in effect, his discharge should be upgrade based on propriety and equity.  He contends he served honorable and that his discharge was the result of personal and family issues (i.e., divorce, debts and medical issues) and the lack of help from his chain of command.  He was coerced into requesting an administrative reduction to E-4 in the same request he intended to use to request a hardship discharge; which he was promised with an honorable discharge in exchange for the reduction.  

In a personal appearance review conducted at Arlington, Virginia, on 27 July 2015, and by a 
3-2 vote, the Board voted to grant relief.  After carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined the characterization of service was too harsh based on length and quality of the applicant’s service, to include his combat service and the circumstances surrounding the discharge, i.e., hardship aggravated by his in-service diagnosis of Post-Traumatic Stress Disorder (PTSD).  It is concluded that the PTSD condition may have been a causative factor in the issues leading to the discharge.  After carefully weighing that fact against the circumstances surrounding the discharge, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant’s service to honorable.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  The Board determined, the reason for the discharge was both proper and equitable, and voted not to change it.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Dependency or Hardship/NGR 600-200, Paragraph 8-35C (1)/NA/RE-3/General, Under Honorable Conditions

	b.	Date of Discharge:  26 July 2008

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  NIF

		(2)	Basis for Separation:  The applicant was informed of the following reasons:  NIF

		(3)	Recommended Characterization:  NIF

		(4)	Legal Consultation Date:  NIF


		(5)	Administrative Separation Board:  NIF

		(6)	Separation Decision Date/Characterization:  NIF

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  20 May 2003/8 years

	b.	Age at Enlistment/Education/GT Score:  22 years/HS Graduate/NIF

	c.	Highest Grade Achieved/MOS/Total Service:  E-5/25C10, Radio Operator Maintainer and 42A10, Human Resources Specialist/5 years, 1 month, and 7 days
  
	d.	Prior Service/Characterizations:  ARNG-030520-030720/NA										         ADT-030721-031206/UNC										         ARNG-031207-041125/NA										         OAD-041126-050311/HD										         OAD-050312-060326/HD											(Concurrent Service)

	e.	Overseas Service/Combat Service:  Southwest Asia/Afghanistan (050306-060304)
  
	f.	Awards and Decorations:  ARCOM, AAM, ACM, NDSM, GWOTSM, ASR, OSR, AFRM-w/M Device, CAB 

	g.	Performance Ratings:  NCO Evaluation Report for the period 1 December 2005 through 30 November 2007, which rated the applicant overall as "Among the Best" for the period 1 December 2005 through 30 November 2006 and "Fully Capable" for the period            1 December 2006 through 30 November 2007.

	h.	Disciplinary Action(s)/Evidentiary Record:  NIF
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  NIF

5.	APPLICANT-PROVIDED EVIDENCE:  A DD Form 293, two legal briefs from the applicant's lawyer with enclosures 1-18 and 1a-7d to include document relating to correcting information in his OMPF (hard copy and CD) and a letter of support.

6.	POST SERVICE ACCOMPLISHMENTS:  None were provided with the application.

7.	REGULATORY CITATION(S):  National Guard Regulation (NGR) 600-200 and Army Regulation 135-78 govern procedures covering enlisted personnel management of the Army National Guard.  Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army Reserve National Guard.  Paragraph 8-35c(1) of that regulation provides in pertinent part that individuals can be separated for dependency or hardship (including parenthood and sole parents) affecting the Soldier's immediate family.


Army Regulation 135-178 provides for the separation of members of the Army National Guard and Army Reserve when it is determined that a service member is unqualified for further military service by reason of convenience of the government.  The service of a member separated under this provision of Army Regulation 135-178, Chapter 6, will be characterized as honorable unless an uncharacterized description of service is required or a characterization of general (under honorable conditions is warranted).

8.	DISCUSSION OF ISSUE(S):  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed.

The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  Barring evidence to the contrary, the presumption of government regularity prevails 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.  

The applicant seeking relief contends his discharge should be upgraded based on propriety and equity.  He served honorably and his discharge was the result of personal and family issues (i.e., divorce, debts and medical issues) and the lack of help from his chain of command.  He was coerced into requesting an administrative reduction to E-4; and intended to use the administrative reduction to request a hardship discharge; which he was promised an honorable discharge in exchange for the reduction.

A determination on whether his contentions have merit cannot be made because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.

The in service medical documents submitted by the applicant, indicating his issues with symptoms of headaches and being referred for further treatment was noted.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  The record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  

The post service documents from the Department of Veterans Affairs indicating the applicant was diagnosed with PTSD, chronic and moderate to severe, secondary to combat in Afghanistan; alcohol abuse, intermittent, binge type, likely secondary to PTSD documents, and stressors chronic and moderate to severe and consist primarily of coping with symptoms of PTSD, along with adjustment to civilian routine were noted.  It was also noted in several Department of Veterans Affairs rating decision letters the applicant was awarded service connected disability for PTSD with panic disorder (claimed as generalized anxiety disorder), migraine headaches, and mild Traumatic Brain Injury, rating him over 50 percent disabled.







Based on the available record it appears the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.

9.	BOARD ACTION DIRECTED:

	a.	Issue a New NGB Form 22:  		Yes

	b.	Change Characterization to:  		Honorable

	c.	Change Reason to:  				No Change

	d.	Change SPD/RE Code to:  			No Change

	e.	Restore (Restoration of) Grade to:  	NA


AUTHENTICATING OFFICIAL:  




COL, US ARMY
Presiding Officer
Army Discharge Review Board





















Legend:
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  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20140019852

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