Applicant Name: ????? Application Receipt Date: 2011/05/13 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect,, that he suffers from a medical condition, specifically catatonic schizophrenia and is suffering from financial hardships. He requests an upgrade of his discharge to honorable. 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: 050818 Discharge Received: Date: 050909 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: C Co, 1-12 IN Rgt, Fort Hood, TX Time Lost: Total time lost is 44 days. AWOL, 1 day (050127-050127), returned to unit; AWOL again for 5 days (050418-050422), returned to unit. Not chargeable under Title 10, USC 972, total of 38 days, for two periods (050423-050515 and 050516-050530). Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): 050504, failed to report to his designated place of duty (050127), AWOL (050127-050128), AWOL again (050421-050423), disrespectful in deportment (050131), drinking while underage (050430), confinement for 12 days (SCM) Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 040518 Current ENL Term: 3 Years 17 weeks Current ENL Service: 01 Yrs, 03Mos, 16Days ????? Total Service: 01 Yrs, 03Mos, 16Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 19K10/M-1 Armor Crewman GT: 89 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, 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 18 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for being convicted by a Summary Court-Martial for failing to report to his designated place of duty, being AWOL two times, disrespecting an NCO, failing to obey a lawful order or regulation, failing to report on different occasions, and for drinking while under the age of 21. The unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights. On 23 August 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board, and submitted a statement in his own behalf (NIF). The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The battalion commander reviewed the proposed action and recommended approval of the separation with an under other than honorable conditions discharge. The brigade commander recommended a general under honorable conditions discharge. The document in which the separation authority would have waived rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions is not contained in the record and the analyst presumed government regularity. 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, and the issue 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 his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By the repeated incidents of misconduct, the applicant diminished the quality of his 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 he should have been medically discharged because he was suffering from catatonic schizophrenia and is having financial difficulties; however, the analyst determined that Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition like a personality or adjustment disorders solely to spare a Soldier who may have committed serious acts of misconduct. Further, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. The analyst noted the applicant's issue about his financial hardship; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing financial opportunities. Further, eligibility for veteran's benefits to include medical and educational benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the analyst determined 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: 20 April 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: Bills, pay stubs, landlord letter, DD Form 214 and a character reference letter. 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 Board Vote: Character - Change 2 No change 3 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20110010732 ______________________________________________________________________________ Page 1 of 3 pages