RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2005
      DOCKET NUMBER:  AR20040005139


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Susan A. Powers               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his UOTHC (under other than honorable
conditions) discharge be upgraded.

2.  The applicant states he has been diagnosed as a schizophrenic and that
this probably had an effect on his military service in 1995.  He adds that
shortly after entering active duty, he learned he had hepatitis B and
hepatitis C.  This caused him great worry and he went AWOL (absent without
leave).

3.  The applicant provides:

      a.  Two self-authored "Issues" documents.

      b.  A copy of a 22 February 1995 memorandum from his company
commander to his battalion commander, with subject:  AWOL Worksheet.

      c.  A copy of DA Form 4384 (Commander's Report of
Inquiry/Unauthorized Absence).

      d.  Copies of test data reports on blood he donated to the American
Red Cross on 24 January 1995 showing a positive test for hepatitis B and C.
 Reports are dated 10 December 2001.

      e.  Copy of a 17 May 2004 letter from a medical doctor at Bluegrass
Comprehensive Care Center, Danville, Kentucky stating the applicant is a
paranoid schizophrenic and opining that his mental condition "was probably
a major contributor to his going AWOL in 1995."

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) for 8 years on
29 September 1994.  On the same date, he entered on active duty for
training at Fort Leonard Wood, Missouri where he underwent basic training.
He was transferred to Fort Jackson, South Carolina for training as a heavy
wheeled vehicle mechanic.

2.  The applicant went AWOL from his unit at Fort Jackson on 21 February
1995 and remained absent until 23 February 1995.  He went AWOL a second
time from 24 February 1995 to 21 March 1995 when he returned to duty at
Fort Sill, Oklahoma.

3.  Court-martial charges were preferred against the applicant and, after
consulting with legal counsel, he requested discharge for the good of the
service in lieu of trial by court-martial under the provisions of chapter
10, Army Regulation 635-200.  He did not submit a statement in his own
behalf and he declined a separation physical examination.

4.  The applicant's request for discharge was accepted and, on 19 May 1995,
he was separated on temporary records and his affidavit with a UOTHC
discharge under the provisions of chapter 10, AR 635-200 in lieu of trial
by court-martial.

5.  AR 635-200 sets forth the basic authority for the separation of
enlisted personnel.  Chapter 10 of that regulation provides, in pertinent
part, that a member who has committed an offense or offenses for which the
authorized punishment includes a punitive discharge may at any time after
the charges have been preferred, submit a request for discharge for the
good of the service in lieu of trial by court-martial.  A UOTHC discharge
is normally considered appropriate.

6.  The applicant petitioned the Army Discharge Review Board (ADRB) seeking
a discharge upgrade.  The ADRB, after considering his case on 27 January
1997, denied his request.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does support the applicant's statement that he
learned he was positive for hepatitis B and hepatitis C.  There is no
evidence in the record to suggest that the Army ignored his medical
problems.  To the contrary, it appears that he went AWOL so quickly that
medical intervention was not possible.

2.  On 24 March 1995, the applicant was formally charged with AWOL.  On
27 March 1995, he consulted with counsel and voluntarily requested
discharge for the good of the service under the provisions of Army
Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He
stated that he acknowledged he was guilty of the charge against him which
authorized the imposition of a bad conduct or dishonorable discharge, and
that he did not desire further rehabilitation, nor had any desire for
further military service.  He stated that he understood the nature and
consequences of the undesirable discharge that he might receive.  He
declined to submit a statement in his own behalf and he declined a physical
examination.

3.  The applicant's voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, for the good of the service, to
avoid trial by court-martial, was administratively correct and in
conformance with applicable regulations.  There is no indication that the
request was made under coercion or duress.  His request for a chapter 10
discharge, even after appropriate and proper consultation with a military
lawyer, tends to show he wished to avoid the court-martial and the punitive
discharge that he might have received.

4.  Because he declined a physical examination at separation, there is no
benchmark against which to measure his physical or emotional state at that
time. It is noted in the record, that he was a very good Soldier from
September 1994 to February 1995.  Based upon his performance in training
and evaluations by superiors, it appears that he did not exhibit any
schizophrenic traits in early 1995.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __phm___  __sap___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005139                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050329                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19950519                                |
|DISCHARGE AUTHORITY     |AR 635-200 C10                          |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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