IN THE CASE OF: Mr. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140004744 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service, and the circumstances surrounding the discharge (i.e. issue with PTSD and TBI), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions or honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests through counsel, an upgrade of his under other than honorable conditions discharge characterization to general or honorable. 2. Counsel states, in effect, the applicant was previously diagnosed with PTSD; therefore he should have received a medical discharge. Counsel contends the misconduct that led to the applicant’s discharge was related to reintegration issues that contributed to the psychological injuries he incurred during his deployment to Iraq. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 March 2014 b. Discharge Received: Under Other Than Honorable c. Date of Discharge: 13 June 2012 d. Reason/Authority/SPD/RE Code: In Lieu of Trial by Court-Martial, AR 635-200, Chapter 10, KFS, RE-4 e. Unit of assignment: A Company, 4-3 Brigade Special Troops Battalion, 4th Infantry Brigade Combat Team, Fort Stewart, GA f. Current Enlistment Date/Term: 26 November 2008 / NIF g. Current Enlistment Service: 3 years, 6 months, 15 days h. Total Service: 6 years, 5 months, 13 days i. Time Lost: 3 days j. Previous Discharges: RA, 051228-070530, HD RA, 070531-081125, HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 12B10, Combat Engineer m. GT Score: 96 n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (071024-090228) q. Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM –CS, ASR, OSR, CAB r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 28 December 2005, for a period of 4 years. He was 24 years old at the time of entry and a high school graduate. He reenlisted in the Regular Army on 26 November 2008, for an unknown period. He served in Iraq, earned an ARCOM and a CAB. He completed a total of 6 years, 5 months, and 13 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Stewart, Georgia. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 4 May 2012, the applicant was charged with the following offenses: a. Charge I: Violation of the UCMJ, Article 86, with 38 specifications of failing to go to his appointed place of duty (100701-120118), and b. Charge II: Violation of the UCMJ, Article 112a for wrongfully using marijuana (120312-120410). 2. On 15 May 2012, 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. The applicant indicated he understood 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 on his own behalf. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge. 3. On 23 May 2012, the separation authority approved the Chapter 10 request and directed the discharge with a characterization of service of under other than honorable conditions. The applicant was reduced to the lowest enlisted rank. 4. The applicant was discharged from the Army on 13 June 2012, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service indicates 3 days of time lost for being AWOL, from 27 April 2012 until 29 April 2012. The applicant returned to his unit. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is one positive urinalysis report contained in the record coded: IR Inspection Random 10 April 2012, for marijuana. 2. An Article 15, dated 26 January 2011, failure to go at the time prescribed to his appointed place of duty on divers occasions (100701, 100716, 100818, 100907, 100908, 100909, 100915, 100917, 100920, 100922, 100924, 101001, 101112, 101112, 101130, 101203, and 101207). The punishment consisted of a reduction to the grade of E-3, forfeiture of $455.00 pay per month for one month (suspended), 14 days of extra duty and restriction (CG). 3. An Article 15, dated 13 January 2012, failure to go at the time prescribed to his appointed place of duty on two occasions (111219 and 111220). The punishment consisted of a reduction to the grade of E-3, with further reduction from the grade of E-3 to E-1 (suspended), forfeiture of $126.50 pay per month for one month (suspended), 45 days of extra duty, and an oral reprimand (FG). 4. An Article 15, dated 22 February 2012, failure to go at the time prescribed to his appointed place of duty on two occasions (120118 and 120121). The punishment consisted of forfeiture of $745.00 pay per month for two months, 45 days of extra duty, and an oral reprimand (FG). 5. Eight negative counseling statements, dated between 8 December 2010 and 1 May 2012, for failing go at the time prescribed to his appointed place of duty, missing formation, late for accountability formation, missing appointments, and failing to obey order or regulation. 6. Two DA Forms 4187 (Personnel Action), dated 27 April 2012 and 30 April 2012, changing the applicant’s duty status from “Convalescent Leave” to “Absent Without Leave” to “Present for Duty.” 7. Discharge Order Number 158-0010, dated 6 June 2012, Headquarters, Third Infantry Division and Fort Stewart, Georgia 31314-5000, reflects the applicant was discharged from the Regular Army, effective 13 June 2012. EVIDENCE SUBMITTED BY THE APPLICANT: 1. Two discharge certificates, dated 30 May 2007 and 25 November 2008, reflect the applicant was honorably discharged from the United States Army. 2. Pauahi 2 Instructions sheet dated 30 May 2013, The Queen’s Medical Center, summarizes who the applicant saw on the date of his visit, the clinical impression, and the ED disposition. 3. The representative provided the applicant’s DD Form 293, dated 27 February 2014, and a DD Form 214 covering the period of service under review. 4. Letter, dated 27 February 2014, authored by Mr. F, OEF Veteran, MSW, stating the applicant’s request for an upgrade to his characterization of service, two previous honorable discharges, his deployment to Iraq, and the injuries sustained while deployed. Mr. F further states the effects the applicant’s injuries have had on him, the inability to receive VA services, and the significant period of homelessness the applicant has endured. POST-SERVICE ACTIVITY: None was provided with the application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 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. 2. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of his characterization and a change to the reentry code was carefully considered. However, after examining the applicant’s record of service, the issue and document submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. It also shows that after consulting with defense counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 3. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date. 4. The representative contends the applicant was previously diagnosed with PTSD; therefore, the applicant should have received a medical discharge. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Furthermore, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 5. The representative contends that the applicant’s medical issues contributed to his discharge from the Army. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service, and the circumstances surrounding the discharge (i.e. issue with PTSD and TBI), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions or honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 17 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: Yes [redacted] Witnesses/Observers: NA Board Vote: Character Change: 4 No Change: 1 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: General, Under Honorable Conditions Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140004744 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1