Applicant Name: ????? Application Receipt Date: 2011/07/11 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant, states in effect, that he was unjustly discharged and reduced in rank because he had requested to be released from his contract due to his 50 percent PTSD disability rating which was service connected as determined by the Veterans Administration. He notified his unit about his worsening condition but his company commander reduced him from E-5 to E-4 and he was very disappointed. He requested a medical evaluation board which was denied and was later processed for separation and he received an under other than honorable conditions discharge. He requests an upgrade to honorable, his rank back, and that his bonus which he had to repay be forgiven. 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: NIF Discharge Received: Date: 100427 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 389th EN Co, Middletown, IA 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: 32 Current ENL Date: 071007 Current ENL Term: 6 Years ????? Current ENL Service: 02 Yrs, 06Mos, 20Days ????? Total Service: 17 Yrs, 08Mos, 21Days Includes inactive service Previous Discharges: USAR 920806-010726/NIF IADT 930701-931029/UNC OAD 030315-040530/HD USAR 010727-040909/HD USAR 040910-071006/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 21W20/Carpentry and Masonry Spc GT: 113 EDU: HS Grad Overseas: SWA Combat: Iraq (030609-040501) Decorations/Awards: AAM, ARCAM, GWOTEM, GWOTSM, AFRM-M, ASR V. Post-Discharge Activity City, State: Burlington, IA Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows the applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. The record indicates that on 27 April 2010, DA HQS, 416th Theater Engineer Command, Darien, IL, Orders number 10-117-00007, discharged the applicant from the Army Reserve, effective 27 April 2010, with an under other than honorable conditions discharge. The record contains a properly constituted Order which indicates the applicant was discharged under the provisions AR 135-178, for Unsatisfactory Participation. b. Legal Basis for Separation: Army Regulation 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 of the regulation 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 occur 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. 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records for the period of enlistment under review, and the issue and medical documents (PTSD) submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. On 27 April 2010, DA HQS, 416th Theater Engineer Command, Darien, IL, Orders number 10-117-00007, discharged the applicant from the Army Reserve, effective 27 April 2010, with an under other than honorable conditions discharge. All the facts and circumstances pertaining to the applicant’s discharge are not contained in the available records and the analyst presumed government regularity in the discharge process. The applicant contends that he was being treated for PTSD and requested to be released from his contract. However, the facts pertaining to the applicant’s discharge are not contained in his record and the analyst presumed government regularity. The burden of proof remains with the applicant to provide the appropriate documents (entire discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the evidence is not available in the official record. Furthermore, the analyst noted the applicant's issue about getting his rank back and the remission of his bonus which he must pay back; however, the corrections the applicant requests do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 17 August 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: VA decision for award of PTSD, Mental Health memorandum (3), mental health evaluation, doctor's statement, DD Form 293 and a self-authored statement. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering 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 0 No change 5 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20110014905 ______________________________________________________________________________ Page 1 of 3 pages