| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Raymond V. O’Connor | Chairperson | |
| Mr. Donald P. Hupman | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his general discharge be upgraded to honorable.
APPLICANT STATES: That his discipline problems while in the Army were the result of mental illness. In support of his application, he submits a Department of Veterans Affairs (DVA) letter, dated 2 June 1999.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 2 November 1982 for a period of 3 years. He successfully completed basic and advanced individual training.
The facts and circumstances surrounding the applicant’s discharge are not present in the available records. However, his records indicate that on
21 November 1983 the applicant was discharged with a general discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. He had served 1 year and 11 days of total active service with
9 days of lost time due to confinement.
The applicant provided DVA documentation, dated 2 June 1999, in support of his claim. This letter shows that the applicant is 100 percent disabled but does not state the disabling condition.
There is no evidence in the available records which shows the applicant applied to the Army Discharge Review Board for a discharge upgrade within its 15-year statute of limitations.
Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely. Service of soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.
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 the absence of evidence of the contrary, it must be presumed that the applicant’s administrative separation under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance, was administratively correct and in conformance with applicable regulations.
2. The type of discharge directed and the reasons for separation appear to be appropriate.
3. The Board considered the applicant’s contention that his discipline problems while in the Army were the result of mental illness. However, there is no evidence of record, and the applicant has provided no evidence, to support this contention.
4. The applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.
5. 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 this requirement.
6. 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
RVO____ DPH____ RKS_____ DENY APPLICATION
| CASE ID | AR2001060345 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011016 |
| TYPE OF DISCHARGE | (GD) |
| DATE OF DISCHARGE | 19831121 |
| DISCHARGE AUTHORITY | AR 635-200 Chapter 13 |
| DISCHARGE REASON | Unsatisfactory Performance |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2011 | 20110000751
The applicant states: * He was discharged because of a medical problem (schizophrenia) * His discharge is inequitable because he had a mental illness which manifested itself while he was in the service and it was unknown prior to that 3. On 3 May 1983, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13, for unsatisfactory performance. ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2013 | 20130000462
The applicant requests upgrade of his general discharge to an honorable discharge. However, there is no evidence of record and he provides no such evidence that shows he was diagnosed with PTSD or any mental condition prior to his discharge in 1991. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military term of service.
ARMY | BCMR | CY2003 | 2003084240C070212
EVIDENCE OF RECORD : The applicant's military records show: There is no evidence of record and the applicant has provided no evidence, which supports his contention that he was entitled to a medical separation. The applicant’s record shows that he was found medically fit for separation in October 1986 after his mental and medical examination.
ARMY | BCMR | CY2007 | 20070007918C071108
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Army Regulation 635-40, paragraph 3-2b(2), provides that when a member is being separated by reasons other than physical disability, his or her continued performance of assigned duty commensurate with his or her rank or grade until he or she is scheduled for separation or retirement creates a presumption that he...
ARMY | BCMR | CY2010 | 20100012282
The applicant's DD Form 214 shows that he was discharged on 18 October 2002, under the provisions of Army Regulation 635-200, chapter 13. Item 24 (Character of Service) confirms the applicant's discharge was Under Honorable Conditions (General) and item 28 confirms his discharge was for Unsatisfactory Performance. Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.
ARMY | BCMR | CY2010 | 20100010068
The applicant requests upgrade of his general discharge to an honorable discharge and change of his narrative reason for separation to hardship. Evidence of record shows a DA Form 3822-R (Report of Mental Status Evaluation) on the applicant was completed on 9 February 1988, which cleared him for separation. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
ARMY | BCMR | CY2006 | 20060007654C070205
Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. There is also no evidence of record to show he was ever medically...
ARMY | BCMR | CY2004 | 040006091C070208
In May 1985 the applicant acknowledged that his unit commander was initiating actions to administratively discharge him under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. The separation authority approved the commander’s recommendation that the applicant be discharged, and on 28 June 1985 the applicant was involuntarily separated for unsatisfactory performance with a general under honorable conditions discharge. The applicant was involuntarily...
ARMY | BCMR | CY2013 | 20130000585
On 18 August 1987, his commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separation - Enlisted Personnel), chapter 13, for unsatisfactory performance, for repeated NJP, failure to follow instructions, disrespect and disregard of the NCO within his chain of command, and failure to rehabilitate despite numerous counseling. On 31 August 1987, the separation authority approved the applicant's release from...
ARMY | BCMR | CY2003 | 2003090038C070212
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That his general discharge be upgraded to an honorable discharge. The applicant’s contention that he was young, and did not fully understand the basis for his separation, is not supported by any evidence submitted by him, or contained in records available to the Board.