| Mr. Loren G. Harrell | Director | |
| M | Analyst |
| Mr. | Chairperson | |
| Mr. | Member | |
| Mr. | Member |
APPLICANT REQUESTS: That his bad conduct discharge be changed to an honorable or a medical discharge.
APPLICANT STATES: In effect, he had been diagnosed as a schizophrenic-paranoid type just months prior to his enlistment. He wanted more in life, so he decided to enlist in the Army. His psychiatrist was against this move but his psychologist was for it. His recruiter advised him that if he was taken off his medication he could enlist. His psychologist took him off his medication, his recruiter processed him into the Army and told him to never mention his mental illness to anyone at the Military Processing Center. He did fine for a while but then his paranoid delusions returned. His chain of command ordered him to see a psychologist. He remembered what the recruiter said, he did not want to go back into the hospital, and so he kept his mental illness to himself. He only stated he was stressed out. He was not thinking clearly and his mental illness prevented him from making rational decisions. His offenses all occurred from September through November 1989. He has been a good citizen since his discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the National Guard on 28 October 1985.
The applicant’s enlistment physical examination is dated 8 April 1987. On his Report of Medical History he listed his present health as ”good” and he was found qualified for enlistment.
He was hospitalized from March through June 1988 with a diagnosis of paranoid schizophrenia.
On 29 June 1988, he was honorably discharged based upon a determination by the State Adjutant General that it was in the best interest of the state. He enlisted in the Regular Army on 26 September 1988.
On 16 February 1990, the applicant was convicted of five specifications of failure to repair, three specifications of disobeying a commissioned officer; four specifications of disobeying a non-commissioned officer, and three specifications of being disrespectful towards a non-commissioned officer. He was sentenced to be reduced to pay grade E-1, to forfeit $471 pay per month for 5 months, to confinement for 5 months and to a bad conduct discharge.
On or about 22 May 1990, the applicant was placed on involuntary excess leave pending his appellate review.
The applicant completed a separation physical and was found qualified for separation.
On 14 August 1991, the Army Court of Military Review affirmed the findings and the sentence.
On 3 September 1991, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial sentence. He had completed 2 years, 11 months and 29 days of creditable active service and had 121 days of lost time (confinement).
On 28 March 1997, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.
Title 10, U. S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.
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. 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.
2. A history of psychotic disorders is a non-waiverable disqualification to enlistment. By agreeing with his recruiter to tell no one at the Military Processing Center of his mental illness, the applicant knew he was doing wrong. In effect, he fraudulently enlisted.
3. Upon his release from the hospital in June 1988, the applicant was aware of the need to continue good compliance with his medication ingestion and his monthly long-acting neuroleptic injections which he would need for an undetermined future period of time and which were ”absolutely vital for him to remain in a stable mental state.” He asked his psychologist to take him off his medication, refused to tell anyone in the Army he needed this medication to control his mental illness, and so should not have been surprised when his mental health de-stabilized.
4. If his mental illness had been brought to the attention of the appropriate authorities at the time, the applicant would not have been eligible for a medical retirement as his mental illness clearly existed prior to his entry in the service (EPTS).
5. Trial by court-martial was warranted by the gravity of the offenses charged. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. His history should have been brought up as a matter of defense at his trial.
6. While the Board has taken cognizance of the applicant’s history of mental illness and his good post-service conduct, neither of these factors, either individually or in sum, warrant the relief requested.
7. 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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