Applicant Name: ????? Application Receipt Date: 2012/03/02 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 to his discharge because he was hospitalized in a VA hospital while he was active duty and his mental health has become worse since his discharge. 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: 041020 Discharge Received: Date: 050126 Chapter: 14-12c(1) AR: 635-200 Reason: Misconduct RE: SPD: JKD Unit/Location: 488th Quartermaster Company, 142d Corps Support Battalion, Fort Polk, Louisiana Time Lost: AWOL x 1 for 1 day (040708 - 040709), mode of return unknown. Article 15s (Charges/Dates/Punishment): 040224, without authority, failed to go at the time prescribed to his appointed place of duty x 3 (030905), (0312010, (031220); extra duty for 14 days; (Summarized). 040629, failed to go at the time prescribed to his appointed place of duty x 4 (040511), (040519), (040520), (040521; reduction to E-3; extra duty and restriction for 14 days; (CG). 040819, AWOL (040709); reduction to E-2; forfeiture of $312, suspended, to be automatically remitted if not vacated (050214); extra duty and restriction for 14 days; (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 020104 Current ENL Term: 3 Years Stop-loss in effect at the time, the analyst presumed government regularity Current ENL Service: 3 Yrs, 0 Mos, 21 Days ????? Total Service: 3 Yrs, 0 Mos, 21 Days ????? Previous Discharges: None Highest Grade: E-1 Performance Ratings Available: Yes No MOS: 92S10 Laundry and Textile Specialist GT: 86 EDU: HS Grad Overseas: SWA Combat: Afghanistan (020624 - 021204) Decorations/Awards: ARCOM, NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity City, State: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-C, AR 635-200, by reason of misconduct, commission of a serious offense for receiving a Summarized Article 15 for three violations of Article 86 (040224); receiving a Company Grade Article 15 for four violations of Article 86 (040629); receiving a Company Grade Article 15 for a violation of Article 86 (040819); receiving a DUI by civilian authorities (030418); and being AWOL (040708 - 040709), with an under other than honorable conditions discharge. He was advised of his rights. On 16 November 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an Administrative Separation Board contingent upon him receiving a characterization of service no less favorable than general, under honorable conditions 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 of the separation with a general, under honorable conditions discharge. On 18 January 2005, the separation authority approved the conditional waiver request, waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The record contains a military police report dated, 12 July 2004. The record contains Louisiana Department of Public Safety and Corrections Report 0129036. 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 carefully examining the applicant’s record of service during the period of enlistment under review the issues and documents he submitted, the analyst determined that the discharge was both proper and equitable. There was a full consideration of all faithful and honorable service as well as the infraction of discipline, the extent thereof, and the seriousness of the offense. 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 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 applicant contends that he was hospitalized in a VA hospital while on active duty and since his discharge his mental health has continued to decline. In review of the applicant’s entire service record, the analyst found that the applicant’s contention of a mental health condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 16 September 2004, the applicant underwent a mental evaluation which indicates that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. Eligibility for veteran's benefits to include health and 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 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: 6 August 2012 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 149 and a DD Form 214 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 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: ARCHIE L. DAVIS III 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 AR20120004803 ______________________________________________________________________________ Page 3 of 4 pages