IN THE CASE OF:  	

      BOARD DATE:  	8 June 2015

      CASE NUMBER:  	AR20150001166
___________________________________________________________________________

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 characterization of service was too harsh based on the length and quality of the applicant's service, to include his combat service, and the circumstances surrounding the discharge, i.e., alcohol dependence, Post Traumatic Stress Disorder (PTSD), depression, and multiple mental health conditions.  It is concluded that these conditions may have been a causative factor in the misconduct that led to the discharge.  After carefully weighing these facts against the severity of the applicant's misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant's service to general, under honorable conditions.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined the reason for discharge was both proper, and equitable, and voted not to change it.  This action entails restoration of grade to E-6/SSG.



      
      
      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 characterization from under other than honorable conditions to general, under honorable conditions.

2.  The applicant states, in effect, that he would like an upgrade of his discharge so he can receive needed medical treatment for PTSD, which he was denied due to his current characterization of service.  He contends he served in Iraq, Afghanistan, and Qatar.  He attempted suicide and was in a psychotic ward for three days and approximately 28 days in a in-patient Combat Stress Addict Recovery Program.  He also had a car accident, resulting in flipping his vehicle and breaking his C-2 and receiving 28 staples in his head.  He was discharged from the hospital on Friday and ordered back to work on Monday.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		2 April 2015
b. Discharge Received:		Under Other Than Honorable Conditions
c. Date of Discharge:			25 July 2014
d. Reason/Authority/SPD/RE Code:	In Lieu of Trial by Court-Martial, AR 635-200 							Chapter 10, KFS, RE-4
e. Unit of assignment:			HQ, 4th BCD, 3rd Army/USARCENT, Shaw Air Force 						Base, SC
f. Current Enlistment Date/Term:	4 November 2008, 5 years (The applicant extended 						his enlistment 15 months 1 August 2012, which 						changed his ETS date to 3 February 2015)
g. Current Enlistment Service:	6 years, 13 days
h. Total Service:			8 years, 11 months, 16 days
i. Time Lost:				3 days
j. Previous Discharges:		RA-050810-081103/HD
k. Highest Grade Achieved:		E-6
l. Military Occupational Specialty:	13P10/MLRS Fire Direct Specialist
m. GT Score:				124
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia, Korea
p. Combat Service:			Iraq (071129-090215), Afghanistan (110829-120227)	 					Qatar (130207-130801)
q. Decorations/Awards:		ARCOM-4, AAM-6, AGCM-2, ACM-w/2CS 							ICM-w/2CS, KDSM, NPDR-2, ASR, OSR-3 							NATOMDL
r. Administrative Separation Board: 	NA
s. Performance Ratings:		Yes
t. Counseling Statements:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 10 August 2005, for a period of 4 years.  He was 20 years old at the time of enlistment and a high school graduate.  On 4 November 2008, he reenlisted for 5 years and on 1 August 2012, he extended his enlistment 15 months.  His record indicates he served in Iraq, Afghanistan, Qatar, and Korea; achieved the rank of SSG/E-6; and received several awards including four ARCOMs, six AAMs, and two ARCOMs.  He was serving at Shaw Air Force Base, South Carolina, when his discharge was initiated. 

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates on 30 May 2014, the applicant was charged with failing to go at the time prescribed to his appointed place of duty (140506) and disobeying a lawful command from a commissioned officer on (131125 and 140328) to cease all contact with alcohol related products.

2.  The evidence of record contains a second DD Form 458, Charge Sheet which indicates on 18 June 2014, the applicant was charged with failing to go at the time prescribed to his appointed place of duty (140603), going AWOL (140604-140607), disobeying a lawful command from a commissioned officer (140521) to cease all contact with alcohol related products, being disrespectful in language towards a senior noncommissioned officer x 2 (140603), and communicating a threat towards a senior noncommissioned officer x 2 (140603).

3.  Documents indicating the applicant consulting with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial were not found in the available records.  Nor were there any documents indicating the recommendation of his chain of command.

4.  On 15 July 2014, the separation authority after reviewing the applicant's request for discharge in lieu of trial by court-martial approved the Chapter 10 request and directed the applicant's discharge with a characterization of service of UOTHC.  The applicant was reduced to the lowest enlisted rank. 

5.  The applicant was discharged from the Army on 25 July 2014, with a characterization of service of UOTHC under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial, with a Separation Program Designator code (SPD) of KFS and a RE code of 4. 

6.  The applicant’s record of service indicates 3 days of time lost for going AWOL from 4 June 2014 until his return on 7 June 2014.  





EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, imposed on 6 March 2014, for disobeying a lawful command from a commissioned officer to cease all contact with alcohol related products (131125).  The applicant demanded trial by court-martial.

2.  A Memorandum, dated 30 May 2014, which makes reference to the applicant being a Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program failure.

3.  A DA Form 4187 (Personnel Action), dated 5 June 2014, changing the applicant's duty status from present for duty (PDY) to absent without leave (AWOL).

4.  A South Carolina Traffic Collision Report Form dated 25 November 2013, which was the result of driving under the influence.

5.  Pre-Trial Confinement documents dated 18 June 2014, for two specifications of Article 86, three of Article 90, two of Article 91, and two of Article 134.

6.  Medical documents from the Tuomey Healthcare Facility; which make reference to the applicant having a history of anxiety, PTSD and other medical issues.

7.  Several negative counseling statements dated between 6 May 2013 and 5 June 2014, for violation of Article 92, several incidents of missing formation, consuming alcohol, performance of duty, security violations, APFT failure, failing to be at his appointed place of duty, communicating a threat, and dereliction of duty. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, a self-authored statement, copy of his certificate of training and completion of two courses, recommendation for award, and medical documents from the 20th Medical Group and Shaw AFB Mental Health Clinic.

POST-SERVICE ACTIVITY: 

None provided with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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.  Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.

2.  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.

3.  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.  

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After examining the applicant’s record of service, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to general, under honorable conditions for the following reasons:  

	a. Length and quality of service:  The applicant served 6 years and 12 days of a 6 year and 3 months enlistment, thus the preponderance of his service was honorable.

	b. The record confirms the applicant received several awards, specifically four ARCOMs, six AAMs, and two AGCMs, and served in Iraq, Afghanistan and Qatar.

	c.  Circumstance surrounding the discharge:  The evidence of record shows that while serving on active duty the applicant suffered with alcohol related problems which resulted in him being a ADAPT failure and that he was suffering from anxiety, PTSD and other medical issues.  It appears his history of alcohol related problems along with his other medical issues had an impact on his conduct which resulted in his discharge.

3.  Therefore, recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct.  The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 

4.  In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended by the analyst that the Board grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.

BOARD DETERMINATION AND DIRECTED ACTION:

After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the length and quality of the applicant's service, to include his combat service, and the circumstances surrounding the discharge i.e., alcohol dependence, PTSD, depression, and multiple mental health conditions.  It is concluded that these conditions may have been a causative factor in the misconduct that led to the discharge.  After carefully weighing these facts against the severity of the applicant's misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant's service to general, under honorable conditions.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.  This action entails restoration of grade to E-6/SSG.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review		  Date:  8 June 2015          Location: Washington, DC

Did the Applicant Testify?  No

Counsel: None

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:			Yes
Change Characterization to:		General, Under Honorable Conditions
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			E-6/SSG
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)		AR20150001166



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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