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Decision Text

ARMY | BCMR | CY1980-1989 | 8300142
Original file (8300142.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Reconsideration of his previous request to correct his records by upgrading his discharge.
APPLICANT STATES : In effect, that his discharge should be upgraded because the reasons for his actions were due to the mental trauma he was suffering after he received a gunshot wound.

 NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 29 June 1983 (COPY ATTACHED).

The applicant contends in a written statement that problems resulted from the accidental gunshot wound he sustained and it caused him to suffer mental trauma and therefore the report of mental status evaluation (MSE) could not have been normal.

Evidence of record shows a report of MSE dated 23 January 1981 that determined the applicant was mentally responsible, able to distinguish right from wrong and adhere to the right, that he had the mental capacity to understand and participate in board proceedings and he met the medical standards for retention in the Army.

He states he was told he would go to jail if he did not request a Chapter 10 discharge. The record shows that on 27 January 1981 he requested discharge because his mother was disabled and he could not get a medical discharge for the gunshot wound so he wanted out of the Army.

He contends that he did not decline to take a separation physical upon his release from the hospital as stated in the original Board MOC, because if he had he certainly would have taken the physical just to get out of the Army and would not have gone AWOL.

The applicant’s military records show that on 22 January 1981, after the approval of his request for a chapter 10 discharge that he was counseled on the requirements for completion of a medical examination prior to his separation. He initialed the statement “I do not desire to undergo a medical examination”.

Army Regulation 15-185, paragraph 10c provides, in pertinent part, that reconsideration of a Board decision will be made when additional evidence or other matter including, but not limited to factual allegations or arguments, that were not previously available to the Board has been submitted.

 DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The evidence of record contradicts the applicant’s contentions that he suffered from a mental condition at the time of the discharge, that he was coerced to file for discharge in lieu of court-martial and that he did not waive his right to a final medical examination.
2. Considering the entirety of the case, the Board has considered all of the applicant’s past and present contentions regarding his desire to have his discharge upgraded, but the applicant’s contentions do not amount to sufficient evidence to establish that there was an error or injustice regarding the procedures of his discharge or the type of discharge he received.

3. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

4. In view of the foregoing, there is no basis for granting the applicant's request.

 DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

 BOARD VOTE :
________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION
                                             Loren G. Harrell
                                              Director

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