1.	APPLICANT’S NAME:  

	a.	Application Date:  13 December 2014

	b.	Date Received:  12 January 2015

	c.	Counsel:  None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions and a change to the narrative reason for separation.  The applicant states, in effect, his discharge was the result of medical issues.  He contends at the time of discharge he was on medication and was told he had PTSD and depression by Army doctors while in Iraq.  He believes he would have been discharged with a medical discharge.  Evidence in the record shows the applicant had a prior record review 19 March 2008.  

In a personal appearance records review conducted at Arlington, Virginia on 24 August 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, hearing his testimony, determined the discharge was inequitable based on the circumstances surrounding the discharge (i.e., requirement of prescription medication for mental health, depression).  It was concluded the medical issues may have been a causative factor in the misconduct that led to the discharge.  After weighing these factors against the severity of the applicant’s misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant’s service.

In view of the foregoing, the Board determined a Chapter 14 for misconduct (minor infractions) would be a more equitable reason for separation and a general discharge would be more appropriate.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions and change the narrative reason for separation to misconduct (minor infractions), AR 635-200, paragraph 14-12a, with a corresponding separation code of JKN and a reentry code of “3.”

	(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:  6 December 2006

	c.	Separation Facts:  

(1) Date of Notification of Intent to Separate:  22 October 2006







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

			Failing to report x 5 (2 May 2006, 4 June 2006, 16 July 2006 x 2, and 18 August 2006), 

			Disobeying a lawful order from a noncommissioned officer x 3 (2 May 2006, 4 June 2006, and 17 August 2006),

			Disrespect to a noncommissioned officer x 6 (2 May 2006 x 2, 4 June 2006, 16 July 2006, 17 August 1006, and 22 August 2006), and

			Dereliction of duty x 2 for failure to maintain accountability of his rifle on 23 August 2006 and sleeping while on guard duty on 16 July 2006.

		(3)	Recommended Characterization:  Under Other than Honorable Conditions

		(4)	Legal Consultation Date:  NIF


		(5)	Administrative Separation Board:  NA

		(6)	Separation Decision Date/Characterization:  5 November 2006/Under Other than Honorable Conditions 

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  4 January 2005/3 years and 19 weeks

	b.	Age at Enlistment/Education/GT Score:  18 years/HS Graduate/97

	c.	Highest Grade Achieved/MOS/Total Service:  E-2/11B10, Infantryman/1 years,          11 months, and 3 days

	d.	Prior Service/Characterizations:  None

	e.	Overseas Service/Combat Service:  Germany, Southwest Asia/Iraq (14 January 2004-                9 November 2006)

	f.	Awards and Decorations:  NDSM, GWOTEM, GWOTSM, ASR

	g.	Performance Ratings:  None

	h.	Disciplinary Action(s)/Evidentiary Record:  Several negative counseling statements dated between 16 July 2006 and 23 August 2006, for refusing to conduct corrective training and not being at his appointed place of duty, disrespect towards a noncommissioned officer, failure to obey a lawful order, and leaving his M-16 which is a sensitive item unsecured on his bunk.

	i.	Lost Time:  None




	j.	Diagnosed PTSD/TBI/Behavioral Health:  Post-Deployment Health Assessment, dated 9 November 2006, which made reference that the applicant "needs continuity of care for depression." 

5.	APPLICANT-PROVIDED EVIDENCE:  A DD Form 293

6.	POST SERVICE ACCOMPLISHMENTS:  None

7.	REGULATORY CITATION(S):  Chapter 10 outlines procedures for separating a Soldier in lieu of trial by court-martial.  Paragraph 10-1 states a Soldier who has committed an offense or offenses, the punishment of which under the UCMJ and the Manual for Courts-Martial includes a bad conduct or dishonorable discharge, may submit a request for discharge in lieu of trial by court-martial.  It also allows for such a request to be submitted after court-martial charges are preferred, or where required after referral, until final action by the court-martial convening authority; or when a Soldier is under a suspended sentence of a punitive discharge.  The request does not prevent or suspend disciplinary proceedings.

Paragraph 10-8 states a discharge under other than honorable conditions is normally appropriate for a Soldier who is discharged in lieu of trial by court-martial; however, a general discharge may be directed if merited by the Soldier’s overall record during the current enlistment.  

8.	DISCUSSION OF ISSUE(S):  The applicant requests an upgrade of the characterization of his discharge and a change to his narrative reason for discharge.  The applicant’s record of service, the documents and the issues submitted with the application were carefully considered.

The evidence of record confirms the applicant was charged with the commission of several offenses 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 under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance.  His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority.  

The applicant requests a change to the narrative reason for separation to medical or failure to adjust.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial.









The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4.  The regulation further stipulates that no deviation is authorized.  

The applicant seeks relief contending his discharge was the result of medical issues (i.e., PTSD and depression) which he was diagnosed with by Army doctors while in Iraq.  The service record contains no evidence of a PTSD diagnosis and the applicant did not submit any evidence to support the contention that he was suffering with PTSD at the time of discharge.  There is insufficient evidence available in the official record to make a determination upon the applicant's claim of PTSD while on active duty.  There is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption.  

There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted.  The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge.  

The records that show comments were made during the applicant's post-deployment health assessment he needed a continuity of care for depression.  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 to include PTSD.  Further, 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.  

In view of the foregoing, the Board determined the discharge is inequitable.  However, 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 DD-214:  		Yes

	b.	Change characterization to:  	General, Under Honorable Conditions

	c.	Change Reason to:  			Misconduct (Minor Infractions)

	d.	SPD/RE Code Change to:  		AR 635-200, Paragraph 14-12a, SPD JKN
							RE-Code 3

	e.	Restoration to Grade:  		N/A


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

AR20150000965

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