Application Receipt Date: 060315 Prior Review Prior Review Date: none I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293, with attachments. The applicant stated in essence that his combat expereinces and subsequent diagnosis for Post Tramatic Stress Disorder (PTSD) led to his alcoholism and related acts of misconduct. He requests an upgrade in order to receive treatment for PTSD, and service connected injuries sustained while he was on active duty. In support of his contentions, he has submitted an eight-page typewritten statement; a two-page statement written by his mother; a two-page typewritten letter from a licensed psychologist; four pages of e-mail messages; six pages of military documents; 18-pages of medical documents; six-pages of additional military documents related to his discharge; eight-pages of progress notes; three letters of reference. 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: 051220 Discharge Received: Date: 051227 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: Headquarters and Headquarters Company, 202nd Military Intelligence Battalion, Fort Gordon, Georgia 30905 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 840118 Current ENL Date: 030206 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 10 Mos, 22 Days ????? Total Service: 2 Yrs, 10 Mos, 22 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 63B10, H8 Wheeled Vehicle Mechanic GT: 107 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq-(040222-050222) Decorations/Awards: NDSR, ASR, OSR, CAB, GWOTSM, ICM V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: Employment letter from West End Golf Course, Gainsville, Florida 32609. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 11 November 2005, the applicant was charged with failure to go to his appointed place of duty on (051110), violation of a lawful general regulation by wrongfully driving 80 MPH in a 25 MPH zone on (051109); fleeing apprehension by running from a SSGT, an armed force policeman on (051109); physical control a passenger car vehicle, while drunk, in a reckless manner by driving at excessive speeds, turning abruptly, endangering other drivers and disregarding a stop sign on (051109); wrongfully previous overindulgence in intoxicating liquor or drugs and incapacitated for the proper performance of duties on (051110). On 16 December 2005, 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 and intermediate commanders recommended approval of an under other than honorable conditions discharge. On 21 December 2005, 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 at any time after the charges are preferred, submit a request for discharge for the good of the service in lieu of trial by court martial. 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, and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the characterization of service 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. While the applicant's misconduct is not condoned, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the overall length and quality of the applicant's service, to include his combat service, mitigated the discrediting entries in his service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 January 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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 discharge was inequitable based on the overall length and quality of the applicant's service, to include his combat service, and the medical circumstances surrounding the discharge. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to Honorable and a change of the narrative reason for separation to "Secretarial Authority." This action entails a restoration of grade to PVT/E-2 and a change of the reentry eligibility code (RE) to RE-3. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority, under Chapter 5, AR 635-200. Other: None RE Code: Grade Restoration: No Yes Grade: PVT/E-2 XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 26 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003830 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages