Applicant Name: ????? Application Receipt Date: 2012/04/17 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable. He contends that he was unaware of being diagnosed with a bi-polar conditions at the time. He further contends if he had received treatment while in the Army, he would not have made the decisions that resulted in his under other than honorable conditions discharge. He also contends his chain of command failed him, it should have been apparent he was not in a good mental state. 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: 011114 Discharge Received: Date: 011219 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HHC, 75th Ranger Regiment, Fort Benning, GA Time Lost: AWOL for 67 days (010115-010320), apprehended. 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: 18 Current ENL Date: 000727 Current ENL Term: 04 Years ????? Current ENL Service: 01 Yrs, 02 Mos, 18 Days ????? Total Service: 01 Yrs, 02 Mos, 18 Days includes 265 days of excess leave (010330-011219) Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: None GT: 101 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None 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 27 March 2001, the applicant was charged with absenting himself from his unit (AWOL) (010113-010321). On 30 March 2001, 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 he understood he could receive an under other than honorable conditions discharge and 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 3 December 2001, the separation authority approved the Chapter 10 request with an under other than honorable conditions discharge. 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 military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record indicates that the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ. The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. By the misconduct (i.e., AWOL), the applicant diminished the quality of his service below that meriting a general, under honorable conditions discharge. The applicant contends that he was unaware of being diagnosed with a bi-polar condition at the time. Paragraph 10-6, AR 635-200, states a medical examination is not required but may be requested by the Soldier under AR 40-501, Chapter 8. The record does not indicate the applicant requested a physical or mental examination prior to him being discharged. Further, the analyst acknowledges the independent document (Letter, Whatcom Counseling and Psychiatric Clinic), submitted with his application indicating that the applicant had been in treatment with that clinic intermittently since 27 January 2012, for a bi-polar disorder and anxiety disorder and therapy since 8 December 2011. The applicant further contends if he had received treatment for bipolar while in the Army, he would not have made the decisions that resulted in his under other than honorable conditions discharge. The applicant bears the burden of the presentation of substantial and credible evidence to support his contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that a bi-polar disorder was the underlying cause of his misconduct. The applicant also contends his chain of command failed him and it should have been apparent he was not in a good mental state. If the applicant was experiencing mental problems, he could have self referred himself to the Community Mental Health Center and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Further, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst 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 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: 19 September 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (120411); two (2) Letters, Whatcom Counseling and Psychiatric Clinic, dated (120403); and a DD Form 149, dated (120411). 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 0 No change 5 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III 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 AR20120007611 ______________________________________________________________________________ Page 3 of 3 pages