IN THE CASE OF:  	

      BOARD DATE:  	8 June 2015

      CASE NUMBER:  	AR20150003012
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service during the period of enlistment under review, hearing the former service member’s father’s testimony, and considering the Discussion and Recommendation which follows, the Board determined 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 the medical circumstances surrounding the discharge (i.e., diagnosed with Post Traumatic Stress Disorder (PTSD), and major depression with anxiety while on active duty), mitigated the discrediting entries in the service record, 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.  The Board further determined the reason for discharge was both proper and equitable and voted not to change it.  This action entails restoration of grade to SPC/E-4.



      
      
      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 former service member’s father, on behalf of the former service member, requests to upgrade the discharge characterization from under other than honorable conditions to an honorable discharge, and a change to the narrative reason for separation.

2.  The father through counsel, on behalf of the former service member states, the supplemental statement would be submitted at a later date, prior to the personal appearance.  The father did not submit any issues of equity, or propriety, to be considered by the Board at the present time.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			18 February 2015
b. Discharge Received:			Under Other Than Honorable Conditions
c. Date of Discharge:				1 August 2007
d. Reason/Authority/SPD/RE Code:	  	In Lieu of Trial by Court-Martial, Chapter 10 								KFS, RE-4
e. Unit of assignment:				Headquarters, 3rd General Support Aviation 							Battalion, 82nd Combat Aviation Brigade 							(Rear) (Provisional), Fort Bragg, NC
f. Current Enlistment Date/Term:		23 December 2002, 6 years
g. Current Enlistment Service:		4 years, 7 months, 9 days
h. Total Service:				9 years, 5 months, 6 days
i. Time Lost:					None
j. Previous Discharges:			RA (980226-000301)/HD											RA (000302-021222)/HD
k. Highest Grade Achieved:			E-6
l. Military Occupational Specialty:		15U1P, CH-47 Helicopter Repairer
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				Southwest Asia
p. Combat Service:				Iraq x 2 (030209-040208), (050131-060130)
q. Decorations/Awards:			AM, ARCOM, JSAM, AAM, AGCM-2, NDSM 								GWOTEM, ICM, GWOTSM, NPDR, ASR 								OSR-2, CAB, MUC-2
r. Administrative Separation Board: 		No
s. Performance Ratings:			Yes
t. Counseling Statements:			No
u. Prior Board Review:				No


SUMMARY OF SERVICE:	

The former service member enlisted in the Regular Army on 26 February 1998, for a period of 3 years.  He was 29 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 15U1P, CH-47 Helicopter Repairer.  He reenlisted on 2 March 2000, for 3 years and he was 31 years old at the time.  His last reenlistment on 23 December 2002, was for a period of 6 years, and he was 34 years old.  His record also shows he served two combat tours, earned several awards including an AM, ARCOM, JSAM, AAM, two AGCMs and a CAB; he achieved the rank of SSG/E-6.  He was serving at Fort Bragg, North Carolina, when his discharge proceedings were initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record contains a DD Form 458, Charge Sheet which indicates on             16 July 2007, the former service member was charged with wrongfully using cocaine x 3 (070216-070221), (070411-070416) and (070620-070625).

2.  On 17 July 2007, the former service member consulted 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.  In this request, he admitted guilt to the offense, or a lesser included offense.  The former service member indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits.  The former service member did not submit a statement on his own behalf.  His chain of command recommended approval of the request for discharge in lieu of trial by court-martial.

3.  On 19 July 2007, the separation authority approved the Chapter 10 request and directed the former service member’s discharge with a characterization of service of under other than honorable conditions discharge.  The former service member was reduced to the lowest enlisted rank. 

4.  The former service member was discharged from the Army on 1 August 2007, with a characterization of service of under other than honorable conditions.

5.  The former service member’s record of service does not show any record of unauthorized absences, time lost or negative counseling statements. 

EVIDENCE OBTAINED FROM THE FORMER SERVICE MEMBER’S RECORD:

1.  A FG Article 15 dated 15 May 2007, for wrongfully using cocaine (070411-070416); the punishment consisted of a reduction to E-4, forfeiture of $1,031 pay for two months (suspended), extra duty and restriction for 45 days.

2.  A FG Article 15 dated 8 March 2007, for wrongfully using cocaine (070216-070221); the punishment consisted of a reduction to E-5, forfeiture of $1,241 pay for two months, extra duty and restriction for 30 days.
3.  On 11 July 2007, the suspension of punishment of a forfeiture of $1,031 pay for two months was vacated for the new offense of wrongfully using cocaine (070620-070625).

4.  The record contains three positive urinalysis reports all coded IU (Inspection Unit),           dated 21 February 2007, 16 April 2007 and 25 June 2007, all for cocaine.

5.  The former service member received five successful NCOERs covering the periods from June 2002 thru 31 October 2006.

EVIDENCE SUBMITTED BY THE FORMER SERVICE MEMBER’S FATHER:

The former service member’s father provided a DD Form 293, an attorney’s letter, a DD Form 214 and a death certificate.  Additional documents 1; consisting of medical letters, several DA Forms 638 (Recommendation for Award), numerous awards certificates, airborne school diploma, several NCOERs; Additional documents 2; medical records consisting of fifty-two pages.

POST-SERVICE ACTIVITY:

The applicant’s father did not provide any information 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.

4.  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.
5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "KFS" will be assigned a RE Code of 4.

DISCUSSION AND RECOMMENDATION:

1.  The former service member father’s request for an upgrade of his characterization of service, and a change to the narrative reason for separation, was carefully considered.

2.  After examining the former service member’s record of service, his military records, and the documents submitted with the application, there are several mitigating factors to merit an upgrade of the characterization of service to honorable for the following reasons:

     a.  Overall length and quality of applicant’s service to include combat:  The former service member served 4 years, 7 months and 9 days of his last reenlistment contract of 6 years; he had a total of 9 years, 5 months and 6 days of service, thus the preponderance of his service was honorable.  The former service member earned several awards including an AM, ARCOM, JSAM, AAM, two AGCMs and a CAB.  Also, the record confirms the former service member served two combat tours in Iraq.

     b.  Medical circumstances surrounding the discharge (i.e., diagnosed with PTSD and major depression with anxiety while on active duty) and was receiving treatment for these conditions.

3.  This recommendation was made after full consideration of all of the former service member’s faithful and honorable service, as well as, the record of misconduct.  The evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result, it is inequitable.

4.  In view of the foregoing, the characterization of service is inequitable and the analyst recommends the Board grant partial relief in the form of an upgrade of the characterization of service to honorable.  This action entails restoration of grade to SPC/E-4.

5.  The former service member father’s requests a change to the narrative reason for separation.  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 regulation further stipulates that no deviation is authorized.

6.  The former service member father’s did not submit any issues of equity, or propriety, to be considered by the Board at the present time.

7.  Therefore, the reason for discharge was fully supported by the record and remains both proper and equitable.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance       Date:  8 June 2015       Location:  Washington, DC

Did the Applicant Testify:  No (former service member’s father testified)

Counsel:  Yes

Witnesses/Observers:  Yes

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

     Pictures (1 page)

2.  The applicant presented no additional contentions.  

In addition to the evidence in the record, the Board carefully considered the additional documents, and testimony, presented by the former service member’s father at the personal appearance hearing.

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:  		Honorable
Change Reason to:  			No Change
Change Authority for Separation:  	No Change
Change RE Code to:  			No Change
Grade Restoration to:  			SPC/E-4
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)		AR20150003012

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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