IN THE CASE OF: BOARD DATE: CASE NUMBER: AR20140015540 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. 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 general, under honorable conditions discharge to honorable. 2. The applicant states, in effect, he was diagnosed with Post Traumatic Stress Disorder (PTSD) during his discharge. The applicant contends his discharge should have been a medical discharge and that he is currently receiving disability for PTSD. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 September 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 14 June 2011 d. Reason/Authority/SPD/RE Code: Pattern of Misconduct, AR 635-200 Chapter 14-12b, JKA, RE-3 e. Unit of assignment: Delta Company, 1st Battalion, 28th Infantry Regiment, 4th Infantry Brigade Combat Team Fort Riley, Kansas f. Current Enlistment Date/Term: 26 February 2009/4 years, 17 weeks g. Current Enlistment Service: 2 years, 3 months, 19 days h. Total Service: 2 years, 3 months, 19 days i. Time Lost: None j. Previous Discharges: DEP, 090211-090225, N/A k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: 110 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (091017-100802) q. Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM-CS, ASR OSR, CIB 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 26 February 2009, for a period of 4 years and 17 weeks. He was 20 years old at the time of entry and a high school graduate. He served in Iraq, earned an ARCOM, and completed 2 years, 3 months, and 19 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Riley, Kansas. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 5 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct. Specifically, for failing to report on numerous occasions and failing to obey a lawful general order. 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge. 3. On 10 May 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action and elected not to submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 4. On 18 May 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 14 June 2011, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, for a pattern of misconduct, a Separation Program Designator code (SPD) of JKA and an RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1 An Article 15, dated 1 March 2010, for failing to obey a lawful general order by wrongfully inhaling compressed air on 31 December 2009, and on or between 1 January 2010, and on or about 31 January 2010. The punishment consisted of a forfeiture of $723.00 per month for two months, and 45 days of extra duty and restriction (FG). 2. An Article 15, dated 15 March 2011, for failing to go at the time prescribed to his appointed place of duty (110207 and 110225). The punishment consisted of a reduction to the grade of E-1, forfeiture of $342.00 per month for one month, 14 days of extra duty and restriction (CG). 3. Numerous negative counseling statements dated between 13 January 2010 and 28 March 2011, for failing to be at place of duty, failing to adhere to General Order Number One, failing to follow instructions, failing to report, violating restriction, reckless driving, failing to stay motivated, and reporting late for duty. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 22 August 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None provided with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 2. Army Regulation 635-200, 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. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the pattern of misconduct, the applicant diminished the quality his service below that meriting a general or a fully honorable discharge. The applicant’s record of service was marred by two Articles 15 and numerous counseling statements for multiple violations of the Uniform Code of Military Justice. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 4. The applicant contends he was diagnosed with PTSD during his discharge. However, the service record contains no evidence of a PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 5. The applicant contends he should have been medically discharged; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 6. The applicant also contends he is currently receiving a service connected disability for PTSD. However, the applicant did not provide evidence to support his contention. Furthermore, the applicant’s service record is void of a DA Form 3822-R (Report of Mental Status Evaluation) that reflects the applicant underwent a mental status evaluation. 7. The records show the proper discharge and separation authority procedures were followed in this case. 8. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 3 November 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: No Change Change RE Code to: No Change Grade Restoration to: NA 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) AR20140015540 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1