IN THE CASE OF: Mr. BOARD DATE: 19 November 2014 CASE NUMBER: AR20140017195 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation that follows, the Board determined that the applicant's length and quality of his service including his combat service and awards, were not significantly meritorious to overcome the seriousness of the misconduct that caused his separation from the Army, and as a result the discharge was found to be proper and equitable. The Board voted to deny the relief requested because it found the nature of the applicant's misconduct of being AWOL for 191 days, missing movement to Iraq, and being found guilty by a summary court-martial does not warrant the award of an honorable characterization of service. The Board further determined although the available record shows the applicant suffers from Post-Traumatic Stress Disorder however, there is no evidence to support his discharge was the result of any medical condition. 2. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 4. 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 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 an upgrade of his under other than honorable conditions discharge to fully honorable. 2. The applicant states, in effect, he believes his discharge is inequitable because the character of his service for over three years was more than satisfactory. He states he enlisted as a private and within three years he had obtained the rank of sergeant, he had no derogatory counseling statements or any disciplinary actions against him. He contends after his deployment to Iraq, he was different. He was going through a separation from his wife who had custody of his children and he was using drugs. He was diagnosed with an adjustment disorder with anxiety which turned out to be Post Traumatic Stress Disorder (PTSD). He contends his behavior was due to his PTSD. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 26 September 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 8 August 2008 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200 Chapter 14-12c, JKQ, RE-4 e. Unit of assignment: 1st Brigade Combat Team (Rear) (Provisional), Fort Drum, NY f. Current Enlistment Date/Term: 19 October 2006/2 years g. Current Enlistment Service: 1 year, 9 months, 20 days h. Total Service: 4 years, 1 month, 22 days i. Time Lost: 191 days j. Previous Discharges: DEP, 040507-040616, NA RA, 040617-061018, HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 19D10, Cavalry Scout m. GT Score: 98 n. Education: GED o. Overseas Service: SWA p. Combat Service: Iraq (050811-060718) q. Decorations/Awards: AAM, AGCM, NDSM, GWOTSM, ASR, OSR, CAB, ICM-2CS r. Administrative Separation Board: NA s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 17 June 2004, for a period of 3 years and 18 weeks. He was 20 years old at the time of entry and a high school graduate. He served in Iraq; earned an AAM and CAB. He completed 4 years, 1 month, and 22 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Drum, New York. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 9 July 2008, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 14-12c, misconduct (serious offense). Specifically for: a. being AWOL during the period of 9 August 2007 until 14 February 2008, b. missing movement to Iraq on 5 September 2007, through design, and, c. being found guilty of charges by a summary court-martial on 3 June 2008. 2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge. 3. On 10 July 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his right to an administrative separation board 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 with an under other than honorable conditions discharge. 4. On 5 August 2008, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of under other than honorable conditions. 5. The applicant was separated on 8 August 2008, under Army Regulation 635-200, Chapter 14-12c, with an under other than honorable conditions discharge, an SPD code of JKQ, and an RE code of 4. 6. The applicant's record shows he was absent without leave (AWOL) during the period 9 August 2007 through 14 February 2008, for a total of 138 days. He surrendered and returned to military control. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 4430 (Department of the Army Report of Result of Trial), reflects the applicant was found guilty in a summary court-martial on 3 June 2008 of being AWOL and missing unit movement. The punishment consisted of a reduction to the grade of E-4, forfeiture of $1,299 pay for one month, and 60 days restriction. 2. DA Form 458 (Charge Sheet), dated 6 March 2008, for being AWOL and missing movement. 3. Offer to Plead Guilty, dated 21 May 2008, reflects the applicant voluntarily agreed to plead guilty to charge I of being AWOL, and not guilty to charge II for missing movement. 4. Conditional Waiver of Right to Administrative Separation Board, dated 21 May 2008, reflects the applicant waived his right to an administrative separation board resulting from charges preferred on 6 March 2008. His waiver was conditioned on the acceptance and execution of the offer to plead guilty (OTPG). Upon acceptance of the OTPG and execution of the summary court-martial pursuant to the OTPG, the waiver would become unconditional even if his chain of command decided to separate him with an other than honorable discharge. 5. DA Form 3822 (Report of Mental Status Evaluation), dated 19 March 2008, reflects the applicant had a clear and normal thought process, was mentally responsible, and psychiatrically cleared for UCMJ action but his ultimate disposition may be through medical channel depending on his legal situation. He was diagnosed with a history of PTSD, personality disorder and scoliosis by a subjective report. 6. A chronological record of medical care, dated 28 March 2008, reflects the applicant had an adjustment disorder with anxiety, a personality disorder, marital problems, and chronic PTSD. 7. DA Form 4187, dated 9 August 2007, reflects the applicant’s duty status changed from present for duty (PDY) to AWOL. There is an additional undated DA Form 4187 that changed the applicant’s duty status from AWOL to drop from rolls (DFR). 8. DA Form 4187, dated 14 February 2008, reflects the applicant’s duty status change from DFR to PDY. 9. Deployment Orders 204-710, dated 23 July 2007, reflects the applicant’s unit was ordered to deploy on or about 5 September 2007. The applicant was listed on the manifest at Annex A. 10. A MP Report, dated 9 August 2007, reflects the applicant was the subject of an investigation for desertion. It reflects he surrendered to military authorities. 11. A DA Form 458, dated 11 September 2007, reflects the applicant was charged with AWOL on 9 August 2007, when he failed to return to his unit or contact his chain of command with a 30 day period. 12. A DA Form 4187, dated 10 September 2007, reflects a duty status change from PDY to AWOL. His duty status was subsequently changed on the same date to DFR. 13. One counseling statement, dated 14 February 2008, for being AWOL, desertion and missing movement. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 5 August 2014, with all listed enclosures, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his application. REGULATORY AUTHORITY: 1. 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 being absent 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. 2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are several mitigating factors to merit an upgrade of the applicant's discharge to honorable for the following reasons: a. Length and quality of service: The applicant 4 years, 1 month, and 22 days of a five year enlistment, thus the preponderance of his service was honorable. b. The record confirms the applicant received several awards, specifically two AAMs and a CAB, which was for a combat tour of duty in Iraq. 3. This recommendation is made after full consideration of all of the applicant’s faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicant’s characterization of service may now be too harsh and as a result inequitable. 4. The evidence of record reflects the applicant suffered from a history of PTSD and personality disorder. A mental status evaluation on 19 March 2008 indicates although he was cleared for UCMJ actions, the applicant’s ultimate disposition may be through medical channels depending upon his legal situation. 5. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. Additionally, the analyst recommend the Board direct an administrative correction to block 27 to read RE-3, as required by Army Regulations. BOARD DETERMINATION AND DIRECTED ACTION 1. 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 applicant's length and quality of his service including his combat service and awards, were not significantly meritorious to overcome the seriousness of the misconduct that caused his separation from the Army, and as a result the discharge was found to be proper and equitable. The Board voted to deny the relief requested because it found the nature of the applicant's misconduct of being AWOL for 191 days, missing movement to Iraq, and being found guilty by a summary court-martial does not warrant the award of an honorable characterization of service. The Board further determined although the available record shows the applicant suffers from Post-Traumatic Stress Disorder however, there is no evidence to support his discharge was the result of any medical condition. 2. However, notwithstanding the propriety of the applicant’s discharge, the Board found that the applicant’s DD Form 214, block 27 contains the erroneous reentry code of 4. 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 19 November 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 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: NA Change Reason to: NA Change Authority for Separation: NA Change RE Code to: 3 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) AR20140017195 Page 6 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1