Applicant Name: ????? Application Receipt Date: 2010/04/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he is requesting an upgrade so that he will be eligible for the Montgomery GI Bill benefits. He was an E-5 Team Leader responsible for 8 team members and earned a CIB for his service in Afghanistan and Iraq. He believes that his PTSD was a major factor that pushed him into early separation from the service, because he did not know how to deal with his anger and frustration. He is now more in touch with himself and more understanding of his condition and wants to go to college to prepare for his future. 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: 071227 Discharge Received: Date: 080131 Chapter: 13 AR: 635-200 Reason: Unsatisfactory Performance RE: SPD: JHJ Unit/Location: HQ & HQ Company, 519th Military Intellligence Battalion, 525th Battlefield Surveillance Brigade, Task Force Lightning Camp Victory, Iraq Time Lost: None Article 15s (Charges/Dates/Punishment): 071215, disrespectful in language towards SGM, a noncommissioned officer on or about (071208), reduction to Private (E-3), forfeiture of $403.00 pay, suspended, until (080515), extra duty and restriction for 14 days, suspended until (080515) (CG) Article 15, 071020, assaulted a PFC on or about (070401), reduction to the grade of Specialist (E-4), forfeiture of $1031.00 pay per month for 2 months, suspended until (080319), extra duty and restriction for 45 days, suspended until (080319) (FG) Article 15, 050823, assaulted a PFC on or about (050730), reduction to Specialist (E-4), forfeiture of $938.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated before (060225), extra duty and restriction for 45 days, suspended, to be automatically remitted if not vacated before (060225) (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: Reenl/040805 Current ENL Term: 6 Years ????? Current ENL Service: 3 Yrs, 5 Mos, 26 Days ????? Total Service: 6 Yrs, 6 Mos, 13 Days ????? Previous Discharges: RA 010718-040804/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 11B1P Infantryman GT: 118 EDU: HS Grad Overseas: Southwest Asia Combat: Afghanistan (021129-030714), Iraq x 2 (040110-040411), (070909-080107) Decorations/Awards: ARCOM, AAM (4), GCMDL (2), NDSM, AFGCMDL, GWTEM, GWTSM, KDSM, ICMDL, NATOMDL, NCOPDR, ASR, OSR, CIB, EIB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 27 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for receiving a Field Grade Article 15 on (071020) and a Company Grade Article 15 on (071215) with a general, under honorable conditions discharge. He was advised of his rights. On 27 December 2007, the applicant waived 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. On 2 January 2008, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a general, under honorable conditions discharge. The applicant was not transferred to the U.S. Army Reserve Control Group. b. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate, however, a fully honorable discharge may be granted in meritorious cases. 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 which would merit an upgrade of the applicant's discharge. There was a full consideration of all faithful and honorable service as well as the incidents of unsatisfactory performance. 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 the unsatisfactory performance, the applicant diminished the quality of his service below that meriting a fully honorable characterization of service. The analyst noted the applicant's issue that he is requesting an upgrade so that he will be eligible for the Montgomery GI Bill benefits. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or 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. The applicant further contends that his PTSD was a major factor that pushed him into early separation from the service, because he did not know how to deal with his anger and frustration. In review of the applicant’s entire service record, the analyst found that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 21 December 2007, the applicant underwent a mental status evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. He attended twice-weekly scheduled individual therapy sessions and was prescribed medication. Also, he was psychiatrically cleared for any administrative action deemed appropriate by the chain of command. The analyst concluded that just because the applicant suffers from PTSD does not mean he doesn't know the difference between right and wrong or that he did not have control over his behavior. There are many Soldiers with the same condition that complete their service successfully. 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: 19 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 13 April 2010. 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: No Change RE Code: Grade Restoration: No Yes Grade: No Change 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 AR20100014225 ______________________________________________________________________________ Page 2 of 3 pages