Applicant Name: ????? Application Receipt Date: 2010/10/14 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 of his discharge to honorable in order to get benefits from the VA for his PTSD condition. He self-medicated to cope with his condition while in active duty. Since leaving the Army he has been a productive citizen who no longer drinks. 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: 050601 Discharge Received: Date: 050621 Chapter: 14-12b AR: 635-200 Reason: Misconduct RE: SPD: JKA Unit/Location: E Co, 1-66 AR Rgt, Fort Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 041014, disobeyed a lawful order not to drink and drive (040420), reduction to E-2, forfeiture of $312, 14 days of extra duty and restriction (CG) 050215, disobeyed a lawful order by consuming alcohol while under the age of 21 (050117), reduction to E-1, forfeiture of $617, 14 days of extra duty and restriction (CG) Courts-Martial (Charges/Dates/Punishment): 050506, disobeyed a lawful order by drinking while under the age of 21 (050220), broke restriction (050220), 45 days of hard labor without confinement (SCM) Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 030219 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 04Mos, 03Days ????? Total Service: 02 Yrs, 04Mos, 03Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 21B10/Combat Engr GT: 112 EDU: GED Overseas: SWA Combat: Iraq (030411-040318) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 1 June 2005, 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 lying to an NCO (040907), consuming alcoholic beverages while under the age of 21 on two occasions (040120, 050117), and for breaking restriction (050120), with a general, under honorable conditions discharge. He was advised of his rights. On 4 June 2005, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf (NIF). The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 10 June 2005, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The record contains a Serious Incident Report (SIR) dated 20 February 2005. 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 which 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 the repeated incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s service was marred by two Articles 15 and a summary court-martial for repeated violations of the Uniformed Code of Military Justice. 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 need to get help from the VA for his PTSD condition. However, eligibility for veteran's benefits to include medical and educational benefits under the Post 9-11 and 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. Under the current rules and with a general, under honorable conditions discharge, the applicant is eligible to receive some benefits from the VA. Furthermore, the record does not support the issue that the applicant suffered from Post-Traumatic Stress Disorder at the time of his discharge and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. Therefore, the analyst determined 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: 1 June 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA 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 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 AR20100025702 ______________________________________________________________________________ Page 3 of 3 pages