| Mr. Loren G. Harrell | Director | |
| Mr. Kenneth Aucock | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. James M. Alward | Member | |
| Mr. Stanley Kelley | Member |
APPLICANT REQUESTS: That his general discharge be changed to honorable and that the reason for his discharge be changed to hardship.
APPLICANT STATES: He was informed by an NCO that after two years his discharge would automatically be upgraded. He feels that he was lied to, and wants his discharge upgraded.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Army Reserve on 10 April 1985 and completed training in August of 1986. On 8 March 1988 he enlisted in the Regular Army for four years. In June of 1988 he was assigned to an air defense artillery unit in Germany. He was promoted to E-3 on 9 November 1988, and reduced to pay grade E-2 on 16 August 1989.
In a 3 November 1988 mental health evaluation, the examining psychiatrist stated that the applicant had an adjustment disorder with depressed mood and a personality disorder not otherwise specified with antisocial and schizoid traits. The applicant was not a danger to himself or others, his condition was improved, and his prognosis fair. He did not have a condition requiring medical board evaluation and was qualified for world wide assignment.
The applicant’s records contain numerous counseling statements, for AWOL, for failure to return to duty, for failure to clean up his room, for indebtedness, for attempted suicide, and for personal hygiene and general appearance.
A 15 December 1988 report of investigation indicates that the applicant attempted suicide on three occasions on 23 October 1988, twice by jumping from an overpass, and once by stabbing himself in the chest. He was taken to the Wiesbaden (Germany) Medical Center and admitted to the mental health clinic.
A 1 November 1989 report of medical examination indicates that the applicant was medically qualified for separation with a physical profile of 1 1 1 1 1 1. In the report of medical history he furnished for the examination, the applicant stated that he was in good health and not taking any medication at that time.
On 17 November 1989 the applicant’s commanding officer notified the applicant that he was recommending that the applicant be separated from the Army for unsatisfactory performance. The applicant consulted with counsel, stated that he understood the basis for the contemplated action, its effects, and the rights available to him. He declined to submit a statement in his own behalf.
On 20 November 1989 the applicant’s commanding officer recommended that the applicant be separated from the Army with a general discharge because of unsatisfactory performance. That official stated that the applicant had received numerous counseling statements regarding his duties and conduct; however, continued to perform at a substandard level. l
On 20 November 1989 the separation authority approved the recommendation and directed that the applicant receive a general discharge. The applicant was released from active duty on 25 January 1990 for unsatisfactory performance. He had1 year, 10 months, and 18 days of service.
On 13 February 1995 the Army Discharge Review Board, in an unanimous opinion, denied the applicant’s request to upgrade his discharge.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. The service of soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military record.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The character of the discharge is commensurate with his overall record.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
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
__jhl____ ___jma__ ___sk___ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | YYYYMMDD |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (NC, GRANT , DENY, GRANT PLUS) |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1997 | 199711205C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: That his general discharge be changed to honorable and that the reason for his discharge be changed to hardship. EVIDENCE OF RECORD: The applicant's military records show: The applicant enlisted in the Army Reserve on 10 April 1985 and completed training in August of 1986. He did not have a...
ARMY | BCMR | CY1997 | 199705444
EVIDENCE OF RECORD : The applicant's military records show: His DD Form 214 shows that he was released from active duty and transferred to the USAR Control Group (Reinforcement) because of ETS on 17 February 1988 under the provisions of Army Regulation 635-200, Chapter 4. His records contain an order dated 9 October 1992 showing that he was discharged from the USAR with an Honorable Discharge Certificate on 9 October 1992 under the provisions of Army Regulation 135-178 (N1).
ARMY | BCMR | CY1997 | 9708825
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. PURPOSE : To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to...
ARMY | BCMR | CY1997 | 9705469
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. He was sentenced to 6...
ARMY | BCMR | CY1997 | 199711665
EVIDENCE OF RECORD : The applicant's military records show: The rater in this report was the applicant’s supervisor and the NCO whom counsel alleges to have made sexual advances toward the applicant’s spouse. There is nothing in the evidence of record or in the evidence submitted by him that would indicate his chain of command conspired to separate him from military service.
ARMY | BCMR | CY1997 | 9710976
Complete medical records are not available. On 4 December 1990, the applicant’s commander initiated action to separate him under the provisions of Army Regulation 635-200, Chapter 13, for unsatisfactory performance. Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.
ARMY | BCMR | CY1997 | 9710409
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. APPLICANT REQUESTS: In effect, disability retirement or separation. The applicant has not presented and the records do not contain sufficient justification to...
ARMY | BCMR | CY1997 | 9711693
The applicant requests correction of military records as stated in the application to the Board and as restated herein. On 3 September 1991, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial sentence. On 28 March 1997, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.
ARMY | BCMR | CY1997 | 199711060
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In a previous application to this Board, he requested, in effect, physical disability retirement or separation Since there is no evidence that the applicant's condition was not medically unfitting for retention at the time in accordance with Army Regulation 40-501, there was no basis for medical retirement or separation.
ARMY | BCMR | CY2003 | 2003086462C070212
On 19 July 2002 the applicant requested that the Army Discharge Review Board change the reason for his discharge from personality disorder to physical disability retirement or separation, citing the evidence contained in the above mentioned psychologist's evaluation report and the Department of Veterans Affairs disability rating. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated. Consequently, due to the two concepts...