IN THE CASE OF: BOARD DATE: 12 June 2015 CASE NUMBER: AR20140007261 ___________________________________________________________________________ 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 circumstances surrounding the discharge (i.e. multiple clinical diagnoses prior to, during, and after deployment, prescribed multiple medications, and a physical head injury during deployment that exasperated his mental condition), and as a result it is inequitable. 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 further 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 general, under honorable conditions. 2. The applicant states, in effect, the circumstances leading to his discharge was not entirely his fault. The applicant contends, he felt something was wrong with his state of mind so he asked his chain of command for help. The applicant states, his chain of command referred him to mental health, where he was seen by two doctors who put him on highly addictive medication. The applicant contends, his chain of command knew of his situation and chose to deploy him anyway. The applicant further contends, had his PTSD been treated differently from the start, he would have kept a perfect record and finished as the military saw fit. The applicant states, he struggles and suffers in silence daily but maintains good behavior without abusing substances. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 April 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 23 March 2010 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: 514th Maintenance Company, 548th Combat Sustainment Support Battalion, Fort Drum, NY f. Current Enlistment Date/Term: 14 February 2005/3 years g. Current Enlistment Service: 3 years, 10 months, 20 days h. Total Service: 3 years, 10 months, 20 days i. Time Lost: 445 days j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91D10, Power Generator Equipment Repairer m. GT Score: 98 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (060830-080829) q. Decorations/Awards: NDSM, ICM-CS, ASR, OSR r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 14 February 2005 for a period of 3 years. He was 21 years old at the time of entry and a high school graduate. He served in Iraq. He completed 3 years, 10 months, and 20 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Drum, New York. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 12 January 2010, the applicant was charged with absenting himself, without authority, from his unit (080917-091207). 2. On 22 February 2010, 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 did not submit a statement on his own behalf. The unit commander and battalion commander recommended approval of an under other than honorable conditions discharge. 3. On 26 February 2010, the applicant’s brigade commander recommended approval of a general, under honorable conditions discharge stating he “believes an OTH discharge is not conducive for the applicant’s future health. He will require mental health treatment following discharge from our care, and will be greatly disadvantaged for hiring due to his handicap, that he suspect is caused by his injury received in deployment.” 4. On 8 March 2010, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted rank. 5. The applicant was discharged from the Army on 23 March 2010, with a characterization of service of under other than honorable conditions. 6. The applicant’s record of service indicates 445 days of time lost for being AWOL from 17 September 2008 until 6 December 2009. The record is void of the specifics pertaining to how the applicant returned to duty (i.e. apprehended or turned himself in). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Three DA Forms 4187 (Personnel Action), dated between 30 January 2009 and 7 December 2009, changing the applicant’s status as follows: a. Present for Duty (PDY) to Absent Without Leave (AWOL), effective 17 September 2008, b. AWOL to Dropped From Rolls (DFR), effective 16 October 2008, and c. DFR to PDY, effective 7 December 2009. 2. Discharge Orders Number 077-1010, dated 18 March 2010, Headquarters, United States Army Garrison, Fort Drum, reflects the applicant was discharged from the Regular Army effective 23 March 2010. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 14 April 2014, and a DD Form 214 covering the period of service under review. 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, 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 3 years and 10 months of a 3-year enlistment, thus the preponderance of his service was honorable. b. The record confirms the applicant served a 12-month tour in combat. 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 full 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. BOARD DETERMINATION AND DIRECTED ACTION After carefully examining the applicant’s record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation, 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 circumstances surrounding the discharge (i.e. multiple clinical diagnoses prior to, during, and after deployment, prescribed multiple medications, and a physical head injury during deployment that exasperated his mental condition), and as a result it is inequitable. 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 further determined the reason for discharge was both proper and equitable and voted not to change it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 12 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) AR20140007261 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1