Applicant Name: ????? Application Receipt Date: 2012/02/16 Prior Review: Prior Review Date: 080604, upgraded to GD I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "I am writing to you today to explain why my discharge should be upgraded to an Honorable discharge. In January 2008, my discharge was upgraded from Other Than Honorable to Under Honorable Conditions (General). For the past 3 years, some major issues have been identified that I am now aware of, that I had no idea I was suffering from back in 2007. I knew I had an Anxiety Disorder that is being treated and receiving disability but did not know that I also suffer from Post Traumatic Stress Disorder (PTSD). I am now being treated for PTSD at my local VA Hospital and understanding why I did some of the things I did. In July 2010, I enter into a faith based 14-month drug and alcohol program to help me with my addiction to alcohol. Alcohol was one of the reasons I was discharged from the army. I know I cannot change what happen in the past, but am trying very hard to make a better life for me and my family. I am now trying to use my Post 9/11 01 Bill, but because of my discharge, Under Honorable Conditions (General), I can only receive 60% of my entitlements. I served my country for over 13 years. I think that it is only right for me to be able to plead my case and be afforded the opportunity to receive the benefits I desire. Along with this letter, I have medical documents showing results for PTSD and Anxiety Disorder, and a copy of my certificate for my drug and alcohol class. Again, I ask that you review the information that I provided you and give me the type of discharge I deserve, an Honorable. Thank you for your time and I hope to hear from you very soon." 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: 070507 Discharge Received: Date: 070713 Chapter: 14-12c AR: 635-200 Reason: Misconduct (Serious Offense) RE: SPD: JKQ Unit/Location: 3d STF FAC Co, 1st Bn, 222d AV Bde, Fort Eustis, VA Time Lost: None Article 15s (Charges/Dates/Punishment): 070409, Failure to go at the time prescribed to his appointed place of duty (070314) and being incapacitated for the performance of his duties through overindulgence of alcohol (070314), reduction to E-5 (suspended), forfeiture of $1291.00 pay per month for two months (one month suspended), 45 days extra duty, (FG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 30 Current ENL Date: 050419 Current ENL Term: Indefinite Years ????? Current ENL Service: 02 Yrs, 02 Mos, 25 Days ????? Total Service: 13 Yrs, 09 Mos, 07 Days ????? Previous Discharges: RA 931007-990407/HD RA 990408-021007/HD RA 021008-050418/HD Highest Grade: E-6 Performance Ratings Available: Yes No MOS: 15R30/AH-64 Atk Hel Rpr GT: 102 EDU: HS Grad Overseas: Germany, Bosnia, South West Asia Combat: Afghanistan (020804-021201), Iraq (050101-051231) Decorations/Awards: ARCOM-2, AAM, AGCM-3, NDSM, AFEM, ICM-CS, GWOTEM, GWOTSM, AFSM, NCOPDR-2, ASR, OSR-2, NATO MDL V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: Applicant states he is afull-time college student. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 7 May 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, Paragraph 14-12c, AR 635-200, by reason of misconduct—commission of a serious offense for receiving a Field Grade Article 15 (040404) for failing to go to his appointed place of duty at the time prescribed and being incapacitated for the proper performance of his duties due to wrongful previous overindulgence in intoxicating liquor or drugs; being arrested on (070225) for driving under the influence and drunk driving, receiving a GOMOR for driving while intoxicated (060826), and for being convicted by the Newport News Virginia General District Court (061114), with an under other than honorable conditions discharge. He was advised of his rights. On 8 May 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an Administrative Separation Board, 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 17 May 2007, the applicant's separation action was referred to the 8th Transportaion Brigade Standing Administrative Separation Board. On 21 May 2007, the applicant was notified to appear before a board of officers and advised of his rights. On 15 June 2007, the board met, the applicant appeared with counsel. The Board recommended that the applicant be separated from the service with an under other than honorable conditions discharge. On 21 June 2007, the separation authority approved the findings and recommendations of the administrative separation board and directed that the applicant be discharged with a characterization of service of under other than honorable conditions. The applicant was to be reduced to the lowest enlisted rank. On 4 June 2008, the Army Discharge Review Board upgraded the applicant's characterization of service to general, under honorable conditions and restored him to the grade of E-6/SSG. The applicant's record contains a Military Police Report dated 27 August 2006, and a Commonwealth of Virginia Police Report dated 26 August 2006. The applicant's record also contains a General Officer Memorandum of Reprimand dated 15 February 2007, for driving while intoxicated. 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 discharge 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 and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge. The applicant was separated from the Army with an under other than honorable conditions discharge which was later upgraded to a general, under honorable conditions by the Army Discharge Review Board based on the length and quality of his service to include his combat service. 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 his misconduct, the applicant diminished the quality of the 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 acknowledges the applicant’s in-service accomplishments and considered the quality of his service during the initial portion of the enlistment under review and his prior enlistments. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements, and the documented actions under Article 15 of the Uniformed Code of Military Justice. Furthermore, the analyst noted the PTSD diagnosis from the Veterans Administration and the disability rating granted. However, 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 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. Finally, 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. Therefore, the analyst determined the reason for discharge and the characterization of service are 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 April 2012 Location: Atlanta, GA Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: The applicant's brother-in-law and his sister. Exhibits Submitted: DD Form 149, a self-authored statement, documents from the Department of Veterans Affairs related to his diagnosis of TBI, VA decision for PTSD, DD Form 214, and a Challenge Program training certificate. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 2 No change 3 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: NA 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 AR20120003330 ______________________________________________________________________________ Page 1 of 4 pages