Applicant Name: ????? Application Receipt Date: 2010/07/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I request an upgrade to my discharge being related to my current service connected PTSD disability. I was awarded this disability rated effective the day after my discharge. I had asked for help while in the Army and received some counseling. I admit that my actions of excessive drinking was the main cause of my character of discharge, but I was unawared of it being that serious. 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: 050610 Discharge Received: Date: 050801 Chapter: 14-12c(1) AR: 635-200 Reason: Misconduct RE: SPD: JKD Unit/Location: C Co, 782d MSB, 82d Abn Div, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 050518, SCM, Wrongfully consuming alcohol under the age of 21, making a false official statement, and wrongful overindulgence in intoxicating liquor, reduction to E1; forfeiture of $823.00 pay per month for one month; restriction for 30 days; and confinement for 45 days. Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 Current ENL Date: 020530 Current ENL Term: 04 Years ????? Current ENL Service: 03 Yrs, 02 Mos, 02 Days ????? Total Service: 03 Yrs, 02 Mos, 02 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92A1P/Automated Logistics Specialist GT: 98 EDU: HS Grad Overseas: Southwest Asia Combat: Afghanistan (030214-040214) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR 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 10 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for having been convicted by a Summary Court-Martial for underage drinking, falsifying an official statement and wrongful prior overindulgence, with a general, under honorable conditions discharge. He was advised of his rights. The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. On 6 July 2005, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The analyst noted that on the applicant's DD Form 214 block 25, separation authority reads “AR 635-200, paragraph 14-12c(1)” and block 26, separation code reads “JKD.” However, the unit commander notified the applicant of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for underage drinking, falsifying an official statement and wrongful prior overindulgence. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general, 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 military records during the period of service under review, the issues and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The analyst determined that the applicant’s discharge was appropriate because the quality of service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the misconduct, the applicant diminished the quality of the former Soldier’s service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The applicant contends that his discharge was related to service connected PTSD disability. The analyst acknowledges the independent document (Department of Veterans Affairs) submitted with the application, indicating that the applicant was diagnosed with PTSD. 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 the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior. There are many Soldiers with the same condition that complete their service successfully. Furthermore, records show that the applicant was not discharged for PTSD but for underage drinking, falsifying a official statement, and wrongful prior overindulgence. Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(1)” and block 26 as separation code “JKD." In view of the foregoing, the analyst recommends to the Board that an administrative correction be made to block 25, separation authority to “AR 635-200, paragraph 14-12c,” and block 26, separation code to “JKQ,” as approved by the separation authority. Except for the foregoing modifications the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 23 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, Department of Veterans Affairs Decision Letter, and DD Form 214 for the period of service under review. 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 found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 14-12c(1)” and block 26 as separation code “JKD." In view of these errors, the Board voted to administratively correct block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to “JKQ,” and block 28, narrative reason for separation to “Misconduct (Serious Offense).” Except for the foregoing modifications, the Board determined the discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 5 No change 0 (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: The Board directs ARBA Promulgation-Arlington to administratively correct block 25, separation authority to “AR 635-200, paragraph 14-12c,” block 26, separation code to “JKQ,” and block 28, narrative reason for separation to “Misconduct (Serious Offense).” 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 AR20100018798 ______________________________________________________________________________ Page 1 of 3 pages