IN THE CASE OF: BOARD DATE: 9 February 2015 CASE NUMBER: AR20140018513 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony, and considering 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 documentary evidence showing PTSD issues which may have been the contributing factors in the misconduct that led to his discharge, 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. 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 to upgrade the characterization of his service from under other than honorable to fully honorable. 2. The applicant states, in effect, he is a veteran of Operation Iraqi Freedom who has been diagnosed with PTSD, and alcoholism. He served nine years and four months and two previous enlistments were honorable. He never had problems with the law or alcohol prior to his time in Iraq. He sincerely wishes to get his life back in order and be a responsible father to his daughter. In order to do this, he is seeking help with his PTSD and alcoholism, along with chronic lower back pain. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 October 2014 b. Discharge Received: Under Other Than Honorable Conditions c. Date of Discharge: 13 October 2004 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: Co B, 21st Combat Support Hospital, 1st Medical Brigade, Fort Hood, TX f. Current Enlistment Date/Term: 28 July 2000, 3 years (involuntarily extended pending court-martial) g. Current Enlistment Service: 4 years, 2 months, 16 days h. Total Service: 9 years, 2 months, 23 days i. Time Lost: None j. Previous Discharges: RA (950721-980722) / HD RA (980723-000727) / HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 91G10, Patient Administration Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: Germany, SWA p. Combat Service: Iraq (030707-040323) q. Decorations/Awards: ARCOM-2; AAM; NDSM; GWOTEM; GWOTSM NPDR; ASR r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 21 July 1995, followed by two reenlistments. The latter reenlistment was on 28 July 2000, for a period of 3 years; however, that enlistment was involuntarily extended due to having court-martial charges preferred. He was 19 years old at the time of entry and had a high school equivalency (GED). He was trained in and awarded military occupational specialty (MOS) 91G10, Patient Administration Specialist. He served in Germany and Iraq. He earned two ARCOMs and an AAM award. He completed 9 years, 2 months, and 23 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record contains a DD Form 458, Charge Sheet which indicates that on 26 July 2004, the applicant was charged with violating Article 112a, for wrongfully possessing 37 grams of marijuana with intent to distribute (040320). 2. On 16 September 2004, 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. There is no record of the unit commander and intermediate commanders recommendations for approval of an under other than honorable conditions discharge. 3. On 30 September 2004, the separation authority approved the Chapter 10 request and directed the applicant’s 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 October 2004, with a characterization of service of under other than honorable conditions. 5. The applicant’s record of service does not show any record of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Charge Sheet described at the preceding paragraph 1. 2. Article 32(b) Investigating Officer’s Report and summarized proceedings, dated 27 August 2004, provides a recommendation of no adverse UCMJ action, but perhaps an administrative separation. 3. CID Report, dated 16 April 2004, indicates the applicant was the subject of an investigation for wrongful possession of marijuana with intent to distribute. 4. Two NCOERs rendered during the period of service that is under current review: a. A “Change of Rater” report covering the period of March 2002 to August 2002. The applicant was rated as “Marginal” and received 5/4 from the senior rater. b. A “Change of Rater” report covering the period of September 2001 to February 2002. The applicant was rated as “Fully Capable” and received 2/2 from the senior rater. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided the second page of the Article 32 officer’s report, dated 27 August 2004; Congressional correspondence, dated 28 June 2011; medical treatment plan records, dated from May 2014 through August 2014; National Personnel Records Center letter, dated 9 September 2014, with Certification of Military Service; DD Form 214 for service under current review; and letter of support, dated 13 October 2014, rendered by a Veterans Service Officer. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. 2. 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. 3. 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "KFS" will be assigned a RE Code of 4. 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, and the documents and 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 served over 4 years of his latter 3-year reenlistment, thus the preponderance of his service was honorable, and two previous enlistments with honorable service. b. The record confirms the applicant received several awards, specifically two ARCOMs and an AAM. c. The applicant’s submitted documentary evidence reflects he is currently being treated for PTSD issues, which may have contributed to the misconduct that led to his discharge. 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 PTSD 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. In view of the foregoing, it appears the characterization of the discharge is now inequitable and it is recommended the Board grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Personal Appearance Date: 9 February 2015 Location: Washington, DC Did the Applicant Testify? Yes Counsel: None Witnesses/Observers: None DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: a. LES for February 2004 (1 page) b. Vocational Rehabilitation Enrollment (1 page) c. Daughter’s Birth Certificate (1 page) d. Awards and Re-enlistment documents (15 pages) e. ACAP Transition documents (4 pages) f. Character reference (1 page) 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. 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: No Change Change RE Code to: No Change 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) AR20140018513 Page 2 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1