Applicant Name: ????? Application Receipt Date: 2012/08/16 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, he would like his discharge upgraded so that he can obtain the proper mental health treatment. He would also like to be able to use his G.I. Bill to further his education and become a productive member of society. His medical records will show that he was a mental health patient at Womack Army Hospital. His records will also show that he was originally suppose to be discharged under Chapter 5-17. 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: 120511 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: A Company, 188th Brigade Support Battalion, 18th Fires Brigade, 82d Airborne Division (Rear)(Provisional), Fort Bragg, NC Time Lost: AWOL for a total of 238 days (110909-120504), mode of return is unknown. Total lost time is 238 days 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: 19 Current ENL Date: 100127 Current ENL Term: 03 Years 23 weeks Current ENL Service: 01 Yrs, 07 Mos, 19 Days ????? Total Service: 01 Yrs, 07 Mos, 19 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 92F10 Petroleum Supply Specialist GT: NIF EDU: GED Overseas: None Combat: None Decorations/Awards: GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. Furthermore, the record contains the staff judge advocate (SJA) review of the applicant's request for discharge which shows the applicant was charged with four (4) specifications of Article 86: one specification of AWOL and three specifications of failing to go to his appointed place of duty; three (3) specifications of Article 91: disrespectful language toward, willfully disobeying, and assault upon a noncommissioned officer; two (2) specifications of Article 92: failure to obey a lawful general regulation; and two (2) specifications of Article 134: conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. On 27 April 2012, the applicant submitted a request for discharge in lieu of trial by court-martial with the understanding that he may receive an Under Other Than Honorable Conditions characterization of service. The applicant’s chain of command recommended approval (SJA memorandum) of the request for discharge in lieu of trial by court-martial. The SJA recommended approval of the applicant's request for discharge in lieu of trial by court-martial and directed an an Under Other Than Honorable characterization of service. On 3 May 2012, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge. The applicant was 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 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, 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 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 the applicant was aware of that prior to requesting discharge. Moreover, the applicant contends his medical record show that he was a mental health patient at Womack Army Hospital and he was originally suppose to be discharged under Chapter 5-17. The analyst noted the applicant's contentions; 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. Furthermore, the analyst noted the applicant’s issue about being treated for mental health treatment while on active duty; as outlined in the documents with his application. However, in review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for the discharge and characterization of service granted. In addition, the analyst noted the applicant's issues about his desire to have better job (productive citizen) opportunities and the benefits of the GI Bill. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Additionally, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. Lastly, 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 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: 1 April 2013 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293, DD Form 214; and AMHRR/medical documents, 103 pages 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 Discussion and Recommendation which follows, the Board determined the discharge to be 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: N/A Other: N/A 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 JOSEPH M. BYERS Lieutenant Colonel, U. S. Army Secretary Recorder ????? Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTH - Under Other Than Honorable Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120015515 ______________________________________________________________________________ Page 1 of 4 pages