Application Receipt Date: 060217 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that just before Thanksgiving, 1998, I went AWOL from my unit. Prior to going AWOL, I was under the care of an Army psychiatrist. She had told my company commander, that I was mentally ill and recommended I be released from active duty. She then placed me on an anti-depression pill (paxil) and suggested to my co. commander that I be placed on light duty. The captain believing I was melingering, ignored the psychiatrist and refused to let me out of the Army. Thereafter, the captain placed me on every work detail available and refused to change my duty position. At the time, I was an 11B1P stationed at Ft. Polk, La, Bravo Co. 1/509 PIR. Every month consisted of at least a two week rotation in the field playing the OPFOR. My psychiatrist wanted to see me at least once a week but the rotation schedule made this difficult. Moreover, it was increasingly difficult to stay on my medication. Slowly, I slipped into a deep depression that resulted in suicidal thoughts. I felt I had to get out or I would die; so, I went AWOL. After a month, after I was dropped from my units rolls (waiting a month was the advice of my 1st sgt.), I turned myself in at Ft. Irwin, CA and was processed out at Ft. Sill, OK some two weeks later. I received a general discharge under other than honorable condition. After I left, after about a year, I finally found a psychiatrist who gave me the proper diagnoses. I suffer from moderately severe clinical depression. Without medication, this condition could be debilitating, as is evidenced by my disciplinary problems while enlisted. After being put on Lexapro, my life has changed dramatically. I have since earned a bachelors degree, Magna Cum Laude with Honors, from the University of [redacted] and am now in my third year of law school at a top tier law school, the University of [redacted] College of the Law. Moreover, I have two children and have been with my wife for six years. My behavior before treatment compared to my accomplshments after treatment are evidence, I believe, that I was indeed to ill to serve the Army. I also believe that my company commander should have taken the advice of my Army psychiatrist and let me go. Because he didn't my condition worsened and that led, eventually, to going AWOL. For that reason, I respectfully ask the board to upgrade my discharge. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 990608 Discharge Received: Date: 990628 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: B Company, 1st Battalion, 509th Infantry, Fort Polk, LA Time Lost: AWOL, for a total of 45 days, from (981123-990106). He surrendered to the military authorities at Fort Irwin, CA and transferred to Fort Sill, OK 73503-5100 Article 15s (Charges/Dates/Punishment): The unit commander's recommendation for separation indicates the applicant has two Article 15's; however, they are not part of the available records. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 750825 Current ENL Date: 970121 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 3 Mos, 23 Days The applicant was placed on excess leave for a total of 165 days, from (990115-990628). Net active service this period, minus the excess leave should be: 1 Year, 10 Months and 10 Days Total Service: 2 Yrs, 10 Mos, 29 Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 120 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: See DD Form 293 VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 14 January 1999, the applicant was charged with AWOL, from (981123-990107). On 14 January 1999, 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 that 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 recommended approval of an under other than honorable conditions discharge. On 14 June 1999, the separation authority approved the discharge with an under other than honorable conditions discharge. 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 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 military records, and the issue he submitted, the analyst found several mitigating factors that would merit a partial upgrade of the applicant's discharge to general, under honorable conditions. This recommendation was made after full consideration of his faithful and honorable service, as well as his 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 now inequitable. The analyst does not condone the applicant's misconduct, however, determined that the circumstances surrounding the AWOL, the length of the applicant's service, his post service accomplishments and the time that has elasped since his discharge mitigated the discrediting entry in his service record. The reason for discharge was both proper and equitable. This action entails a restoration of grade to PV2/E2. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 2 October 2006 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 characterization of service was too harsh and as a result, it is now inequitable. Accordingly, the Board voted to grant partial relief by changing the characterization of service to general, under honorable conditions. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entails a restoration of grade to PV2/E2. Case report reviewed and verified by: Mr. Ron Williams, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: PV2/E2 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: ESMERALDA G. PROCTOR DATE: 6 October 2006 Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002495 Applicant Name: ______________________________________________________________________ Page 6 of 6 pages