Applicant Name: ????? Application Receipt Date: 2009/04/21 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests upgrade of his discharge to fully honorable, because he was diagnosed with Post Traumatic Stress Disorder (PTSD) upon returning from Iraq. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 050822 Discharge Received: Date: 051019 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: C Btry, 5-3rd Field Artillery, Fort Sill, OK Time Lost: AWOL for 62 days (050421-050621), surrendered. Article 15s (Charges/Dates/Punishment): None in the file, but the record shows that the applicant had been reduced to E-1, prior to him going AWOL. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 021029 Current ENL Term: 03 Years ????? Current ENL Service: 02 Yrs, 09Mos, 20Days ????? Total Service: 02 Yrs, 09Mos, 20Days Includes 118 days of excess leave (050624-051019) Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13M10 MLRS/HIMARS Crew GT: 123 EDU: GED Overseas: Southwest Asia Combat: Iraq (NIF) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity City, State: Plymouth, IN Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 23 June 2005, the applicant was charged with AWOL (050421-050621). On 24 June 2005, the applicant 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, the applicant admitted guilt to the offense, or a lesser-included offense. Further, the applicant indicated that he understood that 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 applicant did not submit a statement in his own behalf. The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 27 September 2005, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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. Army policy states that although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst found that the applicant's failure to perform in accordance with Army standards was mitigated by service of sufficient length, to include his combat service, and the circumstances (i.e.,chronological record of his medical care) surrounding the discharge to warrant a partial upgrade of the discharge under review. Accordingly, the analyst recommends to the Board that partial relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions. Further, the analyst noted the applicant's issue requesting an upgrade of his discharge to fully honorable. By the misconduct (i.e., AWOL) the applicant diminished the quality of the former Soldier’s service below that meriting a fully honorable discharge. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 June 2010 Location: Chicago, IL Did the Applicant Testify? Yes No Counsel: No Witnesses/Observers: Yes Exhibits Submitted: The applicant submitted the following documents: 17 Pages of Medical/Mental Documents; a DD Form 214, dated (051029). VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 2 No change 3 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090008146 ______________________________________________________________________________ Page 1 of 3 pages