Applicant Name: Application Receipt Date: 2010/06/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to general, under honorable conditions. He contends that he needs treatment with VA Healthcare for issues that started with his service in Iraq. He further contends that he suffers from Post Traumatic Stress Disorder (PTSD), severe depression, and an anxiety disorder. 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: 091130 Discharge Received: Date: 091218 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: HHC, 2-327th IN Regt, Fort Campbell, KY Time Lost: AWOL x 3 for a total of 25 days; (090612-09-0617) for 6 days, mode of return unknown; (090929-091013) for 17 days, mode of return unknown; (091020-091021) for 2 days, mode of return unknown. Confinement/Civil Authorities for 4 days (091010-091014); however, this period is not annotated on the DD Form 214 block 29, dates of time lost during this period. 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: 25 Current ENL Date: 070907 Current ENL Term: 06 Years ????? Current ENL Service: 02 Yrs, 03 Mos, 12 Days ????? Total Service: 03 Yrs, 09 Mos, 21 Days ????? Previous Discharges: RA-060202-070906/HD Highest Grade: E-5 Performance Ratings Available: Yes No MOS: 13F20 Fire Support Spec GT: NIF EDU: HS Grad Overseas: Germany/Southwest Asia Combat: Iraq (070813-081008) Decorations/Awards: ARCOM, AGCM, NDSM, ICM-W/CS, GWOTSM, NCOPDR, ASR, OSR-2, CAB V. Post-Discharge Activity City, State: Clanton, AL Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 22 October 2009, the applicant was charged with absenting himself from his unit (AWOL) x 3 (090612-090618), (090929-091010), (091020-091022); willfully disobeying a lawful command from a CPT x 2 (091019), (091020); disrespectful in language towards a SFC (090926), and a SSG (090926); assaulting a SFC (090926); assaulting a PFC (090710); drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces x 2 (090710), (090926); and wrongfully communicating a threat to a SFC (090927). On 1 December 2009, 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 applicant's chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 11 December 2009, 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. The applicant's record contains two (2) Military Police Reports, dated 11 July 2009, with additional persons related to the report, and 27 September 2009, with additional offenses, victims, and persons related to the report. 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 military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found several mitigating factors that would merit an upgrade of the characterization of service to general, under honorable conditions. There was a full consideration of all faithful and honorable service as well as the infractions of discipline, the extent thereof, and the seriousness of the offenses. The evidence in this case supports a conclusion that the characterization of service is too harsh, and as a result it is inequitable. While the applicant’s misconduct is not condoned, the analyst found that the overall length and quality of the applicant’s service; to include his combat service, the circumstances surrounding the discharge (i.e., severe family problems), that he sought help from the [ redacted ] Treatment Facility, and requested after discharge care for his mental issues at [ redacted ], mitigated the discrediting entries in the service record. Accordingly, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. This action entails a restoration of grade to SGT/E-5. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 4 March 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (100501); Self-Authored Statement; two (2) Character Statements, dated (100601), (undated); and a DD Form 214, dated (091218). 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. Further, by the misconduct (i.e., AWOL), the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant contends that he needs treatment with VA Healthcare for issues that started with his service in Iraq. 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 also contends that he suffers from PTSD, severe depression, and an anxiety disorder. The record does not support the applicant's contention that he suffers from PTSD, severe depression, nor an anxiety disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 1 No change 4 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 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 AR20100016995 ______________________________________________________________________________ Page 1 of 3 pages