AR20140003553

IN THE CASE OF: Mr.

BOARD DATE: 4 February 2015

CASE NUMBER: AR20140003553
___________________________________________________________________________

Board Determination and Directed Action

1. After carefully examining the applicants record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation which follows, the Board determined the characterization of service was too harsh based on the overall length and quality of the applicant’s service, to include his combat service, and circumstances surrounding his discharge (i.e. PTSD diagnosis and subsequent processing) 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 honorable.

2. The Board further determined the narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicants discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to Condition, Not a Disability.

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. In addition, the applicant requests a change to the narrative reason for separation.

2. The applicant states, in effect, the Army was not the right fit for him and believes civilian law enforcement is. The applicant contends he needs an honorable discharge in order for him to continue his path in pursuit of a career in law enforcement.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 21 February 2014
b. Discharge Received: Under Other Than Honorable Conditions
c. Date of Discharge: 6 June 2005
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: 1st Battalion, 30th Infantry (Rear), 3d Unit of
Action (Rear), 3d Infantry Division (Rear),
Fort Benning, GA
f. Current Enlistment Date/Term: 28 February 2002/4 years
g. Current Enlistment Service: 3 years, 3 months, 9 days
h. Total Service: 3 years, 3 months, 9 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 92F10, Petroleum Supply Specialist
m. GT Score: 123
n. Education: HS Graduate
o. Overseas Service: SWA
p. Combat Service: Iraq (030106-030717)
q. Decorations/Awards: NDSM, ASR, GWOTSM, ICM
r. Administrative Separation Board: N/A
s. Performance Ratings: N/A
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 28 February 2002, for a period of 4 years. He was 18 years old at the time of entry and a high school graduate. He served in Iraq and completed 3 years, 3 months, and 9 days of creditable military service. When his discharge proceedings were initiated, he was serving at Fort Benning, Georgia.
SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record contains a DD Form 458 (Charge Sheet) which indicates that on 18 April 2005, the applicant was charged with the following offenses:

a. missed the movement of HHC, 1st Bn, 30th Inf, 3d Unit of Action, with which he was required in the course of duty to move (050117), and

b. for the purpose of avoiding service as an enlisted person deploying to Iraq in support of OIF III, intentionally injure himself by overdosing on Percocet (050115)

2. On 5 May 2005, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of AR 635-200, Chapter 10, 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 veterans benefits. The applicant submitted a statement on his own behalf. The record is void of the statement. The unit commander and intermediate commanders recommended approval of an under other than honorable conditions discharge.

3. On 11 May 2005, 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 6 June 2005, with a characterization of service of under other than honorable conditions.

5. The applicants record of service does not show any record of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. An Article 15, dated 20 July 2004, failure to go at the time prescribed to his appointed place of duty on five occasions (040607, 040608, 040611, 040614, and 040616). The punishment consisted of reduction to the grade of E-2, forfeiture of $312.00 pay per month for one month, 14 days of extra duty and restriction (CG).

2. The Bradley Center Discharge Summary, dated 9 November 2004, summarizes the applicants chief complaint at the time of admission, history of present illness, past psychiatric history, physical exam, mental status, labs, hospital course and treatment, and a final diagnosis. The applicant was diagnosed with (Axis I) bipolar illness, mixed; posttraumatic stress disorder and (Axis IV) severe.

3. An Article 15, dated 7 December 2004, failure to go at the time prescribed to his appointed place of duty on four occasions (041007, 041019, 041022, and 041029). The punishment consisted of reduction to the grade of E-1, forfeiture of $278.00 pay per month for one month, 10 days of extra duty and restriction (CG).

4. Two DA Forms 3822-R (Report of Mental Status Evaluation), dated 20 January 2005 and 2 February 2005, reflect that the applicant had a clear and normal thought process and was mentally responsible. In addition, both evaluations reflect the applicant had been diagnosed with (Axis I) adjustment disorder with mixed disturbance of emotions and conduct and (Axis II) cluster B personality disorder traits.

5. One negative counseling statement, dated 7 February 2005, for missing movement on
17 January 2005.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 18 February 2014, a DD Form 214 covering the period of service under review.

POST-SERVICE ACTIVITY:

None provided with the application.

REGULATORY AUTHORITY:

1. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter10 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.

DISCUSSION AND RECOMMENDATION:

1. The applicants request for an upgrade of the characterization of his discharge and change to the narrative reason for separation was carefully considered.

2. After examining the applicants 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 general, under honorable conditions for the following reasons:

a. Length of service: The applicant served 3 years, 3 months, and 9 days of a 4-year enlistment, thus the preponderance of his service was honorable.

b. Quality of service: The record confirms the applicant served a tour in combat.

c. Circumstances surrounding the applicants discharge. The applicants medical issues identified on DA Forms 3822-R and The Bradley Center Discharge Summary may have been a result of his tour in combat.

3. This recommendation is made after full consideration of all of the applicants faithful and honorable service, as well as the record of misconduct. The evidence in this case supports a conclusion that the applicants characterization of service may now be too harsh and as a result inequitable.

4. The applicant contends that an upgrade of his discharge will allow him to pursue a career in law enforcement. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

5. The applicant contends the narrative reason for the discharge should be changed because he is pursuing a career in law enforcement. However, the applicant was separated under the provisions of AR 635-200, Chapter 10, with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “In Lieu of Trial by Court-Martial,” and the separation code is “KFS.” Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation.

6. 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. However, the reason for the discharge was fully supported by the record and therefore, remains both proper and equitable.

BOARD DETERMINATION AND DIRECTED ACTION

1. After carefully examining the applicants record of service during the period of enlistment under review, and notwithstanding the Discussion and Recommendation, the Board determined the characterization of service was too harsh based on the overall length and quality of the applicant’s service, to include his combat service, and circumstances surrounding his discharge (i.e. PTSD diagnosis and subsequent processing) 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 honorable.

2. The Board further determined the narrative reason for discharge was inequitable. Regulations currently in effect list the reason for the applicants discharge as misconduct. Accordingly, the Board voted to change the narrative reason on the DD Form 214 to Condition, Not a Disability.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 4 February 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 4 No Change: 1
Reason Change: 4 No Change: 1
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: Honorable
Change Reason to: Condition, Not a Disability
Change Authority for Separation: AR 635-200, Chapter 5, Paragraph 5-17
Change RE Code to: No Change
Grade Restoration to: NA
Other: Separation Program Designator (SPD) code to JFN.

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) AR20140003553

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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