Applicant Name: ????? Application Receipt Date: 2008/09/03 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I had been suffering PTSD from Active Duty since before I ever went into the National Guard. I had been seeking treatment since leaving duty from the Active Army." The applicant enclosed several documents along with his DD Form 293. 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: 070705 Discharge Received: Date: 071024 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: A Co. 1/121 FA Bn, Camp Navistar, Kuwait Time Lost: AWOL for 169 days (070101-070619), apprehended 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: 22 Current ENL Date: 060505 Current ENL Term: 04 Years 18 weeks Current ENL Service: 01 Yrs, 00 Mos, 01 Days 111 days excess leave, (070706-071024) Total Service: 04 Yrs, 00 Mos, 01 Days ????? Previous Discharges: RA 020321-050320/HD NG 051216-070201/NA (Concurrent Service) Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 13E/Cannon Fire Direction Spc GT: 111 EDU: HS Overseas: None Combat: Iraq (030407-040406) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity City, State: Reno, NV Post Service Accomplishments: None provided VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 5 July 2007, the applicant was charged with being AWOL (070101-070619). On 6 July 2007, 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 the Chapter 10 request with an under other than honorable conditions discharge. On 5 October 2007, the separation authority approved the Chapter 10 request 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 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, 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, to include the combat service, and the supporting medical 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 PFC/E-3. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 19 December 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: None 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 2 No change 3 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: No Change RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080013701 ______________________________________________________________________________ Page 1 of 3 pages