Applicant Name: ????? Application Receipt Date: 2011/06/28 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant requests, in effect, through counsel, that the ADRB change his discharge characterization to Honorable; the narrative reason for separation to Secretarial Authority; and expeditious processing of this application. The record demonstrates beyond any reasonable doubt that the applicant suffered from, and continues to suffer from PTSD as a result of his combat exposure. The Army’s failure to recognize, accept, and properly address his condition was a major cause of the misconduct that led to his separation in lieu of court-martial. There also is no question that his PTSD manifested itself while he was on active duty and greatly contributed to, if not directly caused, his alcohol and substance abuse. Counsel contends, a conviction at Court-Martial was by no means guaranteed, and that pretrial procedures may have resulted in dismissal of the charges and medical evaluation. The charge of malingering (feigning a mental illness) to avoid deployment simply would not have survived. The applicant’s record of service in the Army is otherwise outstanding. He had no NJP or other disciplinary actions. His duty performance in Iraq was highly commended. The applicant would not wish PTSD on anyone, and most certainly would have continued his Army service if he had not suffered the misfortune of developing the condition. The applicant is currently ineligible for VA care and cannot afford civilian health insurance. He lost all Army benefits. He has paid a very high price and respectfully requests that the Board correct this injustice. He is working hard to stay clean and sober and move on with his life. Please help him do so. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 100310 Discharge Received: Date: 100408 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: 1st Battalion, 68th Armor Regiment, 3d Brigade Combat Team, 4th Infantry Division (Mechanized), Fort Carson, CO Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 090121 Current ENL Term: 2 Years ????? Current ENL Service: 1 Yrs, 2 Mos, 17 Days ????? Total Service: 3 Yrs, 8 Mos, 8 Days ????? Previous Discharges: RA 060801 - 090120/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 105 EDU: HS Grad Overseas: SWA Combat: Iraq (071203 - 090215) Decorations/Awards: ARCOM, VUA, AGCM, NDSM, ICM w/CS, ASR, OSR, CIB V. Post-Discharge Activity City, State: Woodland, CA Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 10 March 2010, the applicant was charged with feigning mental derangement for the purpose of avoiding service as an enlisted person (100310), communicated to Dr. G that if he was forced to board an aircraft and deploy, he’d kill his chain of command (100310). On 10 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. Further, the applicant indicated he understood that 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 in his own behalf. The unit commander and the intermediate commanders recommended approval of a bad conduct discharge. On 18 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 to be reduced to the lowest enlisted rank. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst recommends that the applicant’s characterization of service be upgraded to general, under honorable conditions. This recommendation was made after full consideration of the former Soldier’s faithful and honorable service, to include his combat service as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service was too harsh, and as a result it is inequitable. While the applicant's misconduct is not condoned, the analyst noted that the overall length and quality of the applicant's service and the supporting documents mitigated the discrediting entries in the service record. Accordingly, the analyst recommends to the Board that the applicant’s characterization of service be upgraded to general, under honorable conditions. However, the reason for discharge remains both proper and equitable. This action entails a restoration of grade to SPC/E-4. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 9 December 2011 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: Law Office of Raymond J. Toney, 986 Losoya Drive, Woodland, CA 95776 Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement through counsel, 27 exhibits with allied documentation that includes but is not limited to medical document, newpaper articles, part of the discharge packet, various documents from the OMPF and a DD Form 214 VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 1 No change 4 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA Official: BONITA E. TROTMAN Lieutenant Colonel, U.S. Army Chief, Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110013824 ______________________________________________________________________________ Page 1 of 3 pages