Applicant Name: ????? Application Receipt Date: 2011/12/19 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "On March 31, 2005, I was diagnosed with PTSD at [redacted] ABN DIV Mental Health. The doctor recommended that I attend a six week rehabilitation program as the diagnosis caused me to be non-combat ready. I was not allowed to use my weapon, and the doctor made several notes in my file how important it was for me to be able to complete that treatment. However, I was not able to complete this treatment due to local mission requirements. I believe this caused my condition to worsen." 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: NIF Date: NIF Discharge Received: Date: 050617 Chapter: 5-16 AR: 635-200 Reason: Attend School RE: SPD: KCF Unit/Location: HHC, 2-505th IN Bn (ABN), Fort Bragg, NC 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: 18 Current ENL Date: 020730 Current ENL Term: 03 Years ????? Current ENL Service: 03 Yrs, 01 Mos, 04 Days ????? Total Service: 04 Yrs, 03 Mos, 03 Days ????? Previous Discharges: USAR-001212-020729/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B1P Infantryman GT: NIF EDU: HS Grad Overseas: Southwest Asia Combat: Afghanistan (030117-030828)/Iraq (040111-040428) Decorations/Awards: ARCOM, AAM, NDSM, GWOTEM, GWOTSM, ASR, CIB, EIB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214, indicates he was discharged under the provisions of Chapter 5, paragraph 5-16, AR 635-200, to attend school, with an honorable discharge. Furthermore, the DD Form 214 shows a Separation Code of KCF (i.e., attend school), with a reentry eligibility (RE) code of " 3." On 18 April 2005, DA, HQS, 82nd Airborne Division, Orders 108-0283, Fort Bragg, NC, discharged the applicant from the Regular Army, effective date: 25 May 2005, and assigned him to the United States Army Reserve Control Group (Reinf) for completion of his statutory obligation. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-16 provides that a Soldier may be discharged or released from active duty for the convenience of the Government, up to 90 days before ETS, in order to attend a specific term at college, university, vocational school, or technical school. Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, general under honorable conditions or an uncharacterized description of service if in entry-level status. No Soldier will be awarded a characterization of service under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for separation. The applicant’s record is void of the specific facts and circumstances concerning the events that led to the applicant's discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. The DD Form 214, indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-16, AR 635-200, by reason of to attend school, with an honorable discharge. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requested a change to the narrative reason for separation. The applicant was discharged under the provisions of Chapter 5, paragraph 5-16, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Attend School," the separation code is "JCF," and the reentry code is "RE 3." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends his doctor made several notes in his file about how important it was for him to complete the treatment for PTSD; he was unable to complete treatment due to local mission requirements and he believes this caused his condition to worsen. The evidence of record shows the applicant self-referred to the Division Mental Health Clinic for psychological evaluation and treatment for PTSD and was scheduled for group treatment for six weeks beginning 31 March through 12 May 05. Further, the applicant bears the burden of presentation of substantial and credible evidence to support his contention. There is no evidence in the record, nor has the applicant provided any evidence, to support the contention that he was unable to complete treatment for PTSD. Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the DD Form 214, the reason for discharge was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: Online application, dated (111214); Letter Social Security Administration, two (2) pages, dated (111024); and a Department of Veterans Affairs Claim File, consisting of 213 pages. 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 narrative reason for discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change 0 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army 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 AR20110025016 ______________________________________________________________________________ Page 3 of 3 pages