Applicant Name: ????? Application Receipt Date: 2009/10/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: Suffered from PTSD and psychiatric problems which impaired his ability to serve. 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: 050926 Discharge Received: Date: 051108 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Regt HHT, 3rd ACR (Rear) (Provisional), Fort Carson, CO Time Lost: AWOL x5 for a total of 44 days (050609-050621; 050711-050720; 050826-050829; 050901-050907; 050913-050922), surrendered. Article 15s (Charges/Dates/Punishment): Applicant was pending a FG Article 15 which was read to him on 22 Aug 05 for being AWOL x 2 (050609-050621 and 050711-050720). The punishment was not imposed as the applicant departed AWOL again. Courts-Martial (Charges/Dates/Punishment): NA Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 24 Current ENL Date: 040219 Current ENL Term: 6 Years ????? Current ENL Service: 01 Yrs, 07Mos, 06Days ????? Total Service: 03 Yrs, 10Mos, 19Days ????? Previous Discharges: RA 011106-040218/HD Highest Grade: E-4/CPL Performance Ratings Available: Yes No MOS: 19D10/Cavalry Scout GT: 103 EDU: GED Overseas: Kuwait, Iraq Combat: Iraq x 2 (030412-040511), dates for 2nd Iraq tour are not in the record.. Decorations/Awards: AAM, NDSM, NCOPDR, ASR, GWOTSM, ICM 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 of record shows that on 26 September 2005, the applicant was charged with five specifications of AWOL (050609-050621; 050711-050720; 050826-050829; 050901-050907; 050913-050922) and damage to military property. On 3 October 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 submitted a statement in his own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 31 October 2005, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. 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, under honorable conditions 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 available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of the former Soldier’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 was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service, to include the combat service, and the supporting medical documents from the Veterans Administration, mitigated the discrediting entries in the service record. ? Furthermore, the record shows the applicant (now deceased) was diagnosed with a major depressive disorder (050727). Accordingly the analyst determined that the characterization of service was too harsh and as a result, it is inequitable and recommends relief in the form of an upgrade to general, under honorable conditions. The analyst determined that the reason for discharge was both proper and equitable.?This action entails restoration of grade to E-4/CPL. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 May 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Custody Order, El Paso County, CO; Certificate of Death (Applicant); Certificate of Birth (Applicant's Son); Police Report, Pueblo Police Department; VA Disability Rating Decision; Excerpts from medical records. 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 1 No change 4 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 AR20090018390 ______________________________________________________________________________ Page 3 of 3 pages