Applicant Name: ????? Application Receipt Date: 2010/02/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: 080402 Discharge Received: Date: 080423 Chapter: 14-12b AR: 635-200 Reason: Pattern of Misconduct RE: SPD: JKA Unit/Location: A Btry, 1-320th FA Regmt, APO AE 09344 Time Lost: None Article 15s (Charges/Dates/Punishment): 080319, Disrespect toward a CPT (080312), disrespect toward a MAJ (080312), failure to obey a lawful general order, by wrongfully possessing alcohol (071101-080312), failure to obey a lawful general order, by wrongfully consuming alcohol (080312), and drunk on duty (080312); reduction to E-1, forfeiture of $673 pay x 2 months, extra duty for 30 days, and restriction for 30 days (FG). 071016, Failure to report (070926), disrespectful in language toward a SSG (070926), and drunk on duty (070926); reduction to E-2, forfeiture of $403 pay x 1 month (suspended), extra duty for 14 days, and an oral reprimand (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 26 Current ENL Date: 060422 Current ENL Term: 06 Years ????? Current ENL Service: 02 Yrs, 00Mos, 02Days ????? Total Service: 03 Yrs, 11Mos, 06Days ????? Previous Discharges: RA-040518-060421/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13B10 Cannon Crewmember GT: 89 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (040921-050115) and (050921-060930) Decorations/Awards: ARCOM, AGCM, NDSM, ICM, GWOTEM, GWOTSM, ASR, OSR, CAB V. Post-Discharge Activity City, State: Goshen, IN Post Service Accomplishments: The applicant submitted a document that shows he was admitted into Goshen College. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 2 April 2008, 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 misconduct-pattern of misconduct for receiving a Field Grade Article 15 (080319) for disrespecting an officer x 2 (080312), wrongfully possessing alcohol and wrongfully consuming alcohol (071101-080312), and drunk on duty (080312), receiving a Company Grade Article 15 (071016), for failure to report (070926), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval with a general, under honorable conditions discharge. On 3 April 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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 during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. 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 analyst noted the applicant's issue requesting an upgrade of his discharge to honorable due to service connected post traumatic stress disorder (PTSD). However, the evidence of record shows that the applicant was evaluated and treated by competent medical authority for chronic post traumatic stress disorder (PTSD) and alcohol dependence while on active duty. The record further shows that the mental status evaluation did not indicate that his condition was a contributing factor to his misconduct, but that he has the mental capacity to understand and participate in the administrative separation proceedings. Subsequently, the applicant was notified by his unit commander that he was initiating separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of a pattern of misconduct, and not because of his diagnosis of PTSD. Additionally, the applicant's issue concerning his deployment status, AR 40-501, Standards of Medical Fitness, paragraph 5-14, titled medical fitness standards for deployment and certain geographical areas states all Soldiers considered medically qualified for continued military status and medically qualified to serve in all or certain areas of the continental United States (CONUS) are medically qualified to serve in similar or corresponding areas outside the continental United States (OCONUS). Specific duties in the assignments are under the purview of the Soldier’s commander. The evidence of record further shows that the applicant was not on a permanent or temporary medical profile indicating that he was in a non-deployable status Eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In review of the applicant’s entire service record, the analyst found that his medical condition did not overcome the reason for discharge and the characterization of service granted. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends that the Board deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 26 March 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100008261 ______________________________________________________________________________ Page 1 of 3 pages