1. APPLICANTS NAME:
a. Application Date: 19 February 2015
b. Date Received: 26 February 2015
c. Counsel: None
2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant states, in effect, he was a great Soldier and valued by his unit. He had a concussion from an explosion and became ill; and subsequently was diagnosed with sarcoidosis. A records review was conducted at Arlington, Virginia, on 10 August 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.
(Board member names available upon request.)
3. DISCHARGE DETAILS:
a. Reason/Authority/Codes/Characterization: Misconduct (Serious Offense)/ AR 635-200, Paragraph 14-12c/JKQ/RE-3/General, Under Honorable Conditions
b. Date of Discharge: 17 September 2010
c. Separation Facts:
(1) Date of Notification of Intent to Separate: 21 July 2010
(2) Basis for Separation: The applicant was informed of the following reasons:
Failing to report on five occasions, and
Multiple counts of assault with intent to commit serious body injury.
(3) Recommended Characterization: GD
(4) Legal Consultation Date: 21 July 2010
(5) Administrative Separation Board: None
(6) Separation Decision Date/Characterization: 12 August 2010/GD
4. SERVICE DETAILS:
a. Date/Period of Enlistment: 22 August 2006/6 years
b. Age at Enlistment/Education/GT Score: 20 years/HS Graduate/96
c. Highest Grade Achieved/MOS/Total Service: SPC/E-4/25B1P, IT Specialist, 4 years and 20 days.
d. Prior Service/Characterizations: None
e. Overseas Service/Combat Service: SW Asia/Iraq/specific dates NIF
f. Awards and Decorations: ARCOM-2, AAM, AGCM, NDSM, ICM-W/CS, GWOTSM, ASR, OSR, CAB.
g. Performance Ratings: None
h. Disciplinary Action(s)/Evidentiary Record: Numerous negative counseling statements for various acts of misconduct and being recommended for separation from the Army.
A Military Police Report, dated 13 April 2010, indicating the applicant was under investigation for assault with serious bodily injury.
i. Lost Time: 5 days, civilian confinement from 4 April 2010 until 9 April 2010.
j. Diagnosed PTSD/TBI/Behavioral Health: A Report of Mental Status Evaluation, dated 4 April 2010, indicating an Axis I diagnosis of an adjustment disorder with mixed disturbance of emotions and conduct; and an Axis III diagnosis of sarcoidosis and asthma.
5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, self-authored statement (two pages), Cumberland County Sheriffs Office criminal records check with related documents (seven pages).
6. POST SERVICE ACCOMPLISHMENTS: None
7. REGULATORY CITATION(S): Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation
Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be authorized for the same or a closely related offense under the Manual for Courts-Martial.
8. DISCUSSION OF ISSUE(S): The applicant requests to upgrade the characterization of his discharge. The applicants record of service, issues and documents submitted with his application were carefully reviewed.
The record confirms the applicants discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the misconduct (serious offense), the applicant marred the quality of his service.
The applicant seeking relief contends, he was a great Soldier and valued by his unit. He had a concussion from an explosion and became ill, and subsequently was diagnosed with sarcoidosis.
The applicant contends he was a great Soldier and valued by his unit. The applicants service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered.
The applicant further contends he had a concussion from an explosion and became ill; and subsequently was diagnosed with sarcoidosis. The record shows on 4 April 2010, the applicant underwent a mental status evaluation which indicates he was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct, sarcoidosis and asthma. He was prescribed medication and scheduled for several follow-up appointments.
The service record contains no evidence of a concussion diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of a medical condition that resulted from a concussion.
The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process.
9. BOARD ACTION DIRECTED:
a. Issue a new DD-214: No
b. Change characterization to: No Change
c. Change Reason to: No Change
d. SPD/RE Code Change to: No Change
e. Restoration to Grade: 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
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