Applicant Name: ????? Application Receipt Date: 2009/09/21 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states in effect he was not able to function properly because of his medical condition. He provides documents that indicate he was diagnosed with PTSD. For this reasons, he was most likely than not, unable to function as a normal Soldier. 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: NIF Discharge Received: Date: 081202 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NIF Unit/Location: A Co, 983d EN Bn, Monclova, OH Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 060905 Current ENL Term: 3 Years Remaining Service Obligation Current ENL Service: 02 Yrs, 02Mos, 27Days ????? Total Service: 09 Yrs, 06Mos, 21Days ????? Previous Discharges: RA 010309-030904/HD RA 030905-060904/HD ARNG 990512-010307/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92A10/Autom Log Spc GT: 101 EDU: HS Grad Overseas: SWA Combat: Iraq (040516-040713) Decorations/Awards: NDSM, AGCM, GWOTSM, HSM, ICM, AAM (Not on DD Form 214) V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence shows the applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army Reserve. The record indicates that on 6 November 2008, DA, HQS, 416th Theater Engineer Command, Darien, IL, Orders number 08-311-00008, discharged the applicant from the Army Reserve, effective 2 December 2008, with an under other than honorable conditions discharge. The record contains a properly constituted Order which indicates the applicant was discharged under the provisions of paragraph 13-1, AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. b. Legal Basis for Separation: Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the USAR. Paragraph 13-1 of that regulation provides in pertinent part that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1 year period. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general discharge under honorable conditions or an honorable discharge may be granted. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The record indicates that on 6 November 2008, DA, HQS, 416th Theater Engineer Command, Darien, IL, Orders number 08-311-00008, discharged the applicant from the Army Reserve, effective 2 December 2008, with an under other than honorable conditions discharge. All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. The applicant contends that he was suffering from post traumatic stress disorder (PTSD) which caused him not to be able to function properly as a Soldier. However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted. The analyst concluded that just because someone is suffering from PTSD does not mean that they don't know the difference between right and wrong or that they do not have control over their behavior. There are many Soldiers with the same condition that complete their service successfully. The applicant had many legitimate avenues through which to obtain assistance or relief, without becoming an unsatisfactory participant by missing scheduled drills or not answering the call to duty. Therefore, the analyst determined that the reason for discharge and the characterization of service remains both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 July 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: VFW Counselor. Witnesses/Observers: NA Exhibits Submitted: VFW letter dated 27 August 2010, letter of diagnosis, DD Form 214, and discharge orders. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review 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 0 No change 5 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20090016312 ______________________________________________________________________________ Page 1 of 3 pages