IN THE CASE OF: BOARD DATE: 31 July 2015 CASE NUMBER: AR20140010056 ___________________________________________________________________________ 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 which follows, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge (In-service diagnosis of Post-Traumatic Stress Disorder) and the applicant’s combat service, 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 proper and equitable and voted not to change it. This action entails restoration of grade to E-3/PFC. 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 or general, under honorable conditions. 2. The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to receive medical help. He contends his misconduct was the result of his medical issues at the time of discharge. Due to the issues after his first deployment he tried to get some mental health help and his options were to deploy again or get a dishonorable discharge so he went AWOL to try and get help on his own and when that didn't work he returned to start a Medical Board Process. He was almost complete when his unit discharged him. He was heavily sedated for the whole process. He needs help now to get his life back to normal. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 20 April 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: HHC, 3rd BST Bn, 3rd HBCT, 1st Cav Div, Fort Hood, TX f. Current Enlistment Date/Term: 19 January 2007, 3 years and 18 weeks g. Current Enlistment Service: 2 years, 1 month, 18 days h. Total Service: 2 years, 1 month, 18 days i. Time Lost: 409 days j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 19D10, Cavalry Scout m. GT Score: 97 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (070701-071130) q. Decorations/Awards: NDSM, ICM-w/CS, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 19 January 207, for a period of 3 years and 18 weeks. He was 19 years old at the time of enlistment and a high school graduate. He was serving at Fort Hood, TX when his discharge was initiated. His record indicates he served in Iraq and earned the rank of SPC/E-4. The record does not contain any evidence of acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates on 23 March 2010, the applicant was charged with going AWOL x 2 (081006-090509 and 090603-091210) and disobeying a lawful order from a senior noncommissioned officer (100210). 2. On 30 March 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 UOTHC discharge and that the discharge would have a significant effect on eligibility for veteran’s benefits. The applicant did submit a statement on his own behalf. The applicant's chain of command recommended approval of an UOTHC discharge. 3. On 7 April 2010, the separation authority approved the Chapter 10 request and directed the applicant's 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 20 April 2010, with a characterization of service of UOTHC 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 an RE code of 4. 5. The applicant’s record of service shows 409 days of time lost; 219 days for going AWOL from 6 October 2008 until his return on 13 May 2009 and 190 days for going AWOL again from 3 June 2009 until his return on 10 December 2009. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Six DA Forms 4187 (Personnel Action), dated between 8 October 2008 and 14 December 2009, changing the applicant's duty status. 2. A negative counseling statement, dated 11 December 2009, for restriction limitations. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 and a copy of his DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None 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 OF ISSUE (S): 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. The evidence of record confirms the applicant served a tour in combat and was diagnosed while serving in the Army with PTSD. 3. Based on the evidence and 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. The discharge was consistent with procedural and substantive requirements, was within the discretion of the separation authority and the applicant was provided full administrative due process. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 31 July 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: E-3/PFC 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) AR20140010056 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1