IN THE CASE OF: Mr. BOARD DATE: 6 May 2015 CASE NUMBER: AR20140004863 ___________________________________________________________________________ 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, his subsequent diagnosis of Post Traumatic Stress Disorder (PTSD), and awards, to include an ARCAM and four AAMs, and as a result it is inequitable. Accordingly, the Board voted to grant 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. 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 under other than honorable conditions discharge to honorable. 2. The applicant states, in effect, he could not fulfill his reserve obligations due to his overwhelming family obligations and his health issues. He contends, he was dealing with his wife and mother-in-law’s medical issues, as well as, his own and trying to care for six children small children. He states, he and his wife were offered a federal position in California which they accepted. He states, he still fulfilled his reserve obligations at Travis AFB and flew back to the State of Washington for annual training. He contends, he began to have chronic medical issues due to his asthma and experienced other unknown medical conditions. He states, this made it difficult for him to fulfill his reserve obligations. He contends, he has since been diagnosed with PTSD, sleep apnea, asthma/COPD and is now being treated by the Veterans Administration. He states, he has served 20-plus years in the military and if he could, he would change things, but circumstances just did not permit that to happen. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 March 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 24 March 2006 d. Reason/Authority/SPD/RE Code: Unsatisfactory Participation, AR 135-178, Chapter 13, NIF, NIF e. Unit of assignment: 0104 3/414 (ROTC)(-), Fort Lewis, WA f. Current Enlistment Date/Term: NIF/NIF g. Current Enlistment Service: NIF h. Total Service: 26 years, 3 months, 18 days i. Time Lost: None j. Previous Discharges: USAR, 791207-800805, NA AD, 800806-830810, HD USAR, 830811-851204, NA USAR, 851205-910113, NA AD, 910114-910528, HD USAR, 910528-911018, HD USAR, 911019-971003, HD USAR, 971004-NIF k. Highest Grade Achieved: E-6 l. Military Occupational Specialty: 31B, Military Police m. GT Score: 96 n. Education: HS Graduate o. Overseas Service: SWA, Germany p. Combat Service: Kuwait (910201-910511) q. Decorations/Awards: ARCAM, AAM-4, NDSM, ASR, NOPDR, OSR, SWASM-2BS, KLM r. Administrative Separation Board: NIF s. Performance Ratings: Yes t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve on 7 December 1979, for a period of 6 years. He was 18 years old at the time of entry and a high school graduate. He has reenlisted three additional times for a period of 6 years each time. The record is void of his last reenlistment period. He served in Germany and Kuwait and earned an ARCAM and four AAMs. He has completed a total of 26 years, 3 months, 18 days of creditable military service. When his discharge proceedings were initiated, he was serving in Fort Lewis, WA. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. 2. The available evidence in the record indicates that on 2 March 2006, DA Headquarters, 104th Division (Institutional Training), Vancouver, WA, Orders Number 06-061-00012, discharged the applicant from the Army Reserve, effective 24 March 2006, with an under other than honorable conditions discharge. 3. The record contains a properly constituted order which indicates the applicant was discharged under the provisions AR 135-178, by reason of unsatisfactory participation, with a characterization of service of under other than honorable conditions. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Orders Number 06-061-00004, DA Headquarters, 104th Division (Institutional Training), Vancouver, WA, dated 2 March 2006, reduced the applicant to the grade of E-1. 2. Discharge Orders Number, 06-061-00012, dated 2 March 2006. 3. Six NCOERs covering the period of March 1997 through 31 August 2004. The applicant received an “Among the Best” rating, two “Fully Capable” ratings and a “Marginal” rating from his raters. He was evaluated in his “Overall Performance/Overall Potential” as a “1/1” on four reports, a “4/3” and “5/5” on the remaining reports by his senior raters. 4. Orders Number 01-131-00617, DA, Headquarters, 104th Division (IT), Vancouver, WA, reassigned the applicant from 0104, 3/414 7 BDE (TS), Fort Lewis, WA to 104 Division, Fort Lewis, WA, effective 10 May 2001. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided two DD Forms 293, undated and dated 14 March 2014, a letter from Ms. S, Mental Health Professionals, LLC, dated 24 March 2013, Kitsap Pulmonary & Sleep Medicine-Bremerton Chart Document, dated 13 December 2012, verification of military experience and training, dated 1 April 2012, Orders Number 06-061-00012, dated 2 March 2006, DA Form 1059, dated 19 June 1981, certificate of training, dated 27 July 1984, classified information nondisclosure agreement, dated 16 March 1986, SGLI Election and Certificate, dated 23 April 1997, DA Form 2-1, dated 23 June 1995, four copies of DD Form 214, a DD Form 215, and 15 NCOERs. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in— the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135–178. 2. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general discharge under honorable conditions or an honorable discharge may be granted. 3. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 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, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to general, under honorable conditions for the following reasons: a. Length and quality of service: The applicant served a total of 26 years, 3 months, 18 days of military service, thus the preponderance of his service was honorable. b. The record confirms the applicant received several awards, specifically four AAMs. c. The applicant was diagnosed post-service with PTSD which could have contributed to his military experiences. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. 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. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 6 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 3 No Change: 2 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new Discharge Order: 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: NA Other: TO: ARBA Promulgation Team. Arlington, VA Date: 6 May 2015 The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes: ( X ) Change characterization of discharge to General, Under Honorable Conditions. 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) AR20140004863 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1