| Mr. Carl W. S. Chun | Director | |
| Mr. Robert J. McGowan | Analyst |
| Mr. Stanley Kelley | Chairperson | |
| Mr. Christopher J. Prosser | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Reconsideration of his request for an upgrade of his under other than honorable conditions (UOTHC) discharge to general or honorable.
APPLICANT STATES: That he was in special education classes as a student and that he had/has mental health problems which affected his military service.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 14 February 2002 (AR2001064939).
The applicant provides a 2-page letter, date 25 September 2002, relating that he was a "special ed" student in school; that his mother was afraid for him to enter the Army; that, as a child, he had been knocked unconscious by a 36-year old man; that he was in a head-on automobile accident and struck the windshield with his head; that his brother's death caused him pain and he began hearing voices; and that all of these things have caused him to realize that mental and emotional problems were the cause of his problems in the Army. In support of his application, he also provides copies of: A Department of Veterans Affairs (DVA) Unit Dose Action Profile, dated 27 April 2000; a DA Form 4700 (Medical Record - Supplemental Medical Data), dated 29 March 1980, showing that he incurred a mouth injury from a head-on collision; a schematic of the human brain; and a 2 March 1999 letter from a doctor supporting the applicant's attempt to obtain food stamps.
The applicant's contentions constitute new arguments which require consideration by the Board.
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 applicant was qualified for enlistment in the Army. He enlisted and served 10 years, rising to the rank of sergeant (SGT/E-5) and winning a recommendation for promotion to staff sergeant (SSG/E-6). He proved that he was physically and mentally capable of successfully serving in the Army.
2. The applicant's latest submissions do not refute the presumption that he was fully capable of performing his military duties in an acceptable manner. His submissions do not prove that he was or is mentally deficient.
3. The applicant's discharge proceedings under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial, were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service and the offense with which he was charged.
4. 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.
5. 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
__sk____ __cjp___ __jtm___ DENY APPLICATION
| CASE ID | AR2003083696 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030911 |
| TYPE OF DISCHARGE | UOTHC |
| DATE OF DISCHARGE | 19880826 |
| DISCHARGE AUTHORITY | AR 635-200 C10 |
| DISCHARGE REASON | A60.00 |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001054176C070420
NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR1999032774) on 1 August 2000. It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as...
ARMY | BCMR | CY2001 | 2001052466C070420
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. The applicant requests...
ARMY | BCMR | CY2002 | 2002077214C070215
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. The applicant requests...
ARMY | BCMR | CY1980-1989 | 8309608A
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He indicates that he had a mental health evaluation that found him to be immature and undisciplined due to coming from a deprived background. 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:
ARMY | BCMR | CY2001 | 2001060903C070421
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. The applicant requests...
ARMY | BCMR | CY2002 | 2002075161C070403
APPLICANT REQUESTS : Reconsideration of her request to have her CitiAssist Citi-Bank student loan paid under her Student Loan Repayment Enlistment Incentive. 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: Unfortunately the applicant's submission of statements by her parents are not sufficiently compelling for the Board to conclude that the applicant...
ARMY | BCMR | CY2002 | 2002071310C070402
On 20 August 1979, the U.S. Army Physical Disability Agency in Washington, D.C., reviewed the decision of the informal PEB and found the applicant was unfit by reason of residuals of injury (traumatic brain syndrome) "determined not to be in the line of duty due to own misconduct." The Board also noted the applicant's service personnel and medical records do not contain any evidence of behavioral or medical conditions prior to 13 November 1978 which resulted in a diagnosis of psychiatric...
ARMY | BCMR | CY2002 | 2002067077C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. Examinations prior to the applicant’s military service did not indicate that the applicant had a personality disorder. Notwithstanding counsel’s arguments, the applicant’s medical records do not indicate any medical condition incurred while entitled to receive basic pay which was so severe as to render the applicant medically unfit for retention on active duty.
ARMY | BCMR | CY2002 | 2002078012C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In an 18 October 2002 letter the applicant states that he has damage to the cartilage in his right ankle and right foot, and no one in the Army so informed him. The Board is reconsidering the applicant’s request only because of his new arguments, that is, damage to his cartilage to his right ankle and foot, a somatic disorder, and osteoarthritis.
ARMY | BCMR | CY2002 | 2002068333C070402
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction of military records as stated in the application to the Board and as restated herein. It would not be equitable to grant the requested relief to the applicant considering his record of service.