Applicant Name: ????? Application Receipt Date: 2009/09/21 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I began suffering from Post-Traumatic Stress Disorder following my return from OIF in 2003. Before serving in Iraq, I had a successful army career, and had no prior disciplinary problems. I sought out medical treatment when I returned home, and was to be given a medical discharge, but my company commander insisted that I be separated for disciplinary reasons instead. Since I have left the military, I have been treated for PTSD and have been successful in civilian life, and have held jobs such as corrections officer and deputy sheriff, and have had a successful family life. I believe my patterns of misconduct upon return from Iraq was due to mismanagement of treatment for PTSD, and could have been prevented if my command at the time would have tried to understand why a second-term soldier with no past disciplinary history had began to have problems, instead of being so hasty to resort to UCMJ action without also trying to help to treat the problems that soldier was going through. I feel I was not given a chance for rehabilitation by my command, and was unfairly kept from receiving a medical discharge after being recommended for one by the head of the psychiatric unit at the hospital. I would also like to point out that I was chaptered out of the army only a few months before my current enlistment would have ended, and would have been honorably separated from the army had my command properly tried to get me the help I needed and rehabilitate me after my initial problems upon return from Iraq." 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: 031215 Discharge Received: Date: 040330 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: B Co, 317th Cbt EN Bn, Fort Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 030910, with intent to deceive provided a false statement (030722), forfeiture of $356 (suspended), restriction for 14 days (suspended), extra duty for 14 days (CG) 030929, the suspended sentence of forfeiture and restriction as described above was vacated for failure to report to his designated place of duty. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 991104 Current ENL Term: 5 Years ????? Current ENL Service: 04 Yrs, 04Mos, 26Days ????? Total Service: 06 Yrs, 07Mos, 05Days ????? Previous Discharges: RA 970826-991103/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 21B10/Combat Engr GT: 124 EDU: HS Grad Overseas: S. Korea, SWA Combat: Kuwait x 2 (020301-021005 and 030103-030706) Decorations/Awards: AAM-2, AGCM, NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Applicant states he has been a corrections officer and deputy sheriff. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 15 December 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct for disobeying a lawful order, breaking restriction, providing a false statement, and for multiple failures to report, with an under other that honorable conditions discharge. He was advised of his rights. On 31 December 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 11 March 2004, the separation authority approved the conditional waiver request, waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The separation authority further concluded that the applicant’s medical condition was not the direct or substantial cause of the applicant’s misconduct and determined the further processing of his medical disability discharge was not warranted. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general, 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 military records, and the issue submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst determined that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The applicant contends that his chain of command mismanaged his Post Traumatic Stress Disorder (PTSD) and caused him to engage in a pattern of misconduct. However, the record does not support the applicant’s contention, and no evidence to support it has been submitted by the applicant, that his discharge was the result of any PTSD. The record does show the separation authority concluded that the applicant’s medical condition was not the direct or substantial cause of his misconduct and determined that further processing of his major depressive disorder through medical channels was not warranted. The applicant also contends that since leaving the Army, he has worked as a deputy sheriff and as a corrections officer. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation, which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. The analyst acknowledges the applicant's successful transition to civilian life and noted his accomplishments as outlined with the application. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted. Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the analyst determined that 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: 30 July 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 214 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 AR20090016621 ______________________________________________________________________________ Page 1 of 4 pages