IN THE CASE OF: BOARD DATE: 24 June 2015 CASE NUMBER: AR20140002384 ___________________________________________________________________________ Board Determination and Directed Action 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 characterization of service was too harsh based on the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding the discharge i.e., several medical issues to include PTSD, amphetamine abuse, alcohol abuse, and a level of psychological stressors. It is concluded that these condition may have been a causative factor in the misconduct that led to the discharge. After carefully weighing these facts against the severity of the applicant's misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant's service to general, under honorable conditions. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was both proper and equitable and voted not to change it. This action entails restoration of grade to SPC/E-4. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge characterization of service from under other than honorable conditions to honorable. 2. The applicant states, in effect, that he would like an upgrade of his discharge so he can get the help and medication he needs and deserves. He contends his discharge was the result of not receiving the needed help for his issues of PTSD. He contends although he was receiving some medical help it was not enough causing him to use drugs, trying to hurt other people, and even take his own life. He understands his use of drugs and going AWOL was wrong; however, he did it to help with his PTSD. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 February 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 6 August 2012 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 635-200, Chapter 10, KFS, RE-4 e. Unit of assignment: E Trp, 2d Sqd, 11th AR Cav Rgt, Fort Irwin, CA f. Current Enlistment Date/Term: 7 January 2010, 6 years g. Current Enlistment Service: 2 years, 7 months h. Total Service: 4 years, 4 months, 8 days i. Time Lost: 24 days j. Previous Discharges: RA-080305-100106/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 97 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (090815-100815) q. Decorations/Awards: ACM-w/2CS, AGCM, NDSM, GWOTSM, NPDR, ASR, OSR r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 5 March 2008, for a period of 3 years and 17 weeks. On 7 January 2010, he reenlisted for a period of 6 years. He was 24 years old at the time of reenlistment and a high school graduate. His record indicates he served a period of combat in Afghanistan; earned several awards including the AGCM, and achieved the rank of SPC/E-4. He was serving at Fort Irwin, CA when his separation action was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates on 22 June 2012, the applicant was charged with going AWOL (120303-120325), wrongfully using marijuana between (120225 and 120325), and methamphetamine between (120321 and 120325). 2. On 20 July 2012, 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. The applicant indicated he understood 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 respectfully request the convening authority take his service record into consideration to approve his characterization of service as general, under honorable conditions The applicant submitted a statement on his own behalf. The applicant's chain of command recommended approval of an UOTHC discharge. 3. On 26 July 2012, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of UOTHC. The applicant was reduced to the lowest enlisted rank. 4. The applicant was discharged from the Army on 6 August 2012, with a characterization of service of under other than honorable conditions under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial, with a Separation Program Designator code (SPD) of KFS and a RE code of 4. 5. The applicant’s record of service indicates 24 days of time lost; two days for going AWOL from 10 September 2011 until his return on 12 September 2011 and 22 days for going AWOL 3 March 2012 until his return on 25 March 2012. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: The applicant's record does not contain any recorded actions under the UCMJ or counseling statements. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a self-authored statement, and 134 pages of medical documents from Aurora Behavioral Health Care/San Diego (Discharge Summary), dated 14 November 2011, which shows the applicant's discharge diagnoses as post traumatic stress disorder, amphetamine abuse, by history, alcohol abuse, by history, and level of psychological stressors (mild). The applicant was referred for treatment of PTSD and possible methamphetamine abuse. POST-SERVICE ACTIVITY: None was provided with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. 2. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. 3. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After examining the applicant’s record of service, the documents, and the issues submitted with the application, there are several mitigating factors to merit a partial upgrade of the applicant's characterization of service to general, under honorable conditions for the following reasons: a. length and quality of his service: The applicant served for over 4 years; thus the preponderance of his service was honorable, b. the record confirms the applicant received numerous awards including the AGCM, served a tour of combat, achieved the rank of Specialist Four, and c. the record confirms that at the time of discharge the applicant was suffering with several medical issues to include PTSD, amphetamine abuse, alcohol abuse, and a level of psychological stressors. 3. This recommendation is made after full consideration of the applicant’s faithful and honorable service, as well as the incidents of misconducts that brought the court-martial charges against him. The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 4. The applicant contends his discharge was the result of not receiving the needed help for his issues of PTSD. However, the evidence of record shows the applicant was receiving treatment for his medical issues and making progress. The service record does not support the applicant’s contention and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 5. The evidence of record shows that court-martial actions were initiated against the applicant for other than medical issues. 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. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 6. Having considered all the fact of the case, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant partial relief in the form of an upgrade of the characterization of service to general, under honorable. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. This action entails restoration of grade to SPC/E-4. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: General, Under Honorable Conditions Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: SPC/E-4 Other: NA 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 UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140002384 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1