Applicant Name: ????? Application Receipt Date: 2011/11/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, she is writing the Board with the hope of receiving a discharge upgrade. There were several factors that lead to her receiving an other than honorable discharge and she has acknowledged her part in what took place. She was hospitalized during her time of service and a number of events took place with a negative outcome for her. Thirteen years have passed, and her life has taken a slow but deliberate turn for the better. She has been diagnosed with PTSD and has been prescribed medications that are helping her cope better. She has enclosed a doctor diagnosis of her PTSD condition and the medication. 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: 001011 Discharge Received: Date: 010228 Chapter: 10 AR: 635-200 Reason: In Lieu of Trial by Court-Martial RE: SPD: KFS Unit/Location: A Company, 143rd Ordnance Battalion, 61st Ordnance Brigade, Aberdeen Proving Ground, MD Time Lost: AWOL for 1051 days (970108-991122), apprehended. Total lost 1051 days. 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: 22 Current ENL Date: 960820 Current ENL Term: 03 Years ????? Current ENL Service: 01 Yrs, 10 Mos, 17 Days ????? Total Service: 01 Yrs, 10 Mos, 17 Days Includes excess leave of 455 days (991202-010228) Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 89 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Earned a substitute teacher certificate VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 1 December 1999, the applicant was charged with being absent without leave (970108-991123). On 1 December 1999, 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 she understood she could receive an under other than honorable conditions discharge and the discharge would have a significant effect on eligibility for veteran’s benefits. The applicant did not submit a statement in her own behalf. The unit commander recommended approval of the Chapter 10 request with an under other than honorable conditions discharge. On 21 December 2000, the separation authority approved the Chapter 10 request and directed an under other than honorable conditions discharge. The applicant was to be reduced to the lowest enlisted rank. 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, under honorable conditions 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, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The evidence of record indicates that the applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice (UCMJ) with a punitive discharge. The applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the UCMJ. The analyst noted that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of that prior to requesting discharge. The applicant contends there were several factors that lead to her receiving an other than honorable discharge. She was hospitalized during her time of service and a number of events took place with a negative outcome for her. She also contends that she has been diagnosed with PTSD and has been prescribed medications that are helping her cope better. The analyst noted the applicant's issues and determined that the applicant had many legitimate avenues through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Furthermore, the analyst noted the applicant diagnoses of depression from the Rock Quarry Family Medicine Center; however, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. Additionally, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst 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 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: 4 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293; DD Form 214; a self-authored statement; three pages of medical documents, dated 12 October 2011; and a Wake Technical Community College Certificate, dated 14 May 2009. 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 Board Vote: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20110022419 ______________________________________________________________________________ Page 1 of 3 pages