RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040009034


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 general discharge under honorable
conditions be changed to a medical discharge.

2.  The applicant states that he believes that he should have received a
medical discharge.  He further states that he did his best and his
discharge was the result of an injury.

3.  The applicant provides in support of his application:

      a.  Medical treatment records from the Brunswick Behavioral Center.


      b.  Rating Decision Documents from the Department of Veterans Affairs
(DVA).


      c.  Medical records from the Community Memorial Pavilion.


      d.  Medical records from Community Memorial Health Center in South
Hill, Virginia.


      e.  Military medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on  19 June 1978.  The application submitted in this case is dated
24 March 2004.

2.  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.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 5 July 1977 for a period
of 3 years.  He completed basic and advanced individual training and was
awarded the military occupational specialty 94B10 (Food Services
Specialist).  He was honorably separated from active service on 19 June
1978.

4.  On 1 June 1978, the unit commander submitted a request through the
battalion commander recommending that the applicant be discharged under the
Expeditious Discharge Program (EDP).  He stated that the applicant had
problems and all attempts to assist him were unsuccessful.

5.  The commander also stated that the applicant received nonjudicial
punishment under Article 15, Uniform Code of Military Justice on one
occasion and was counseled on numerous occasions by all members of the
company chain of command for failure to show up for duty and other minor
infractions.

6.  On an unknown date, the applicant was notified of his pending
separation under the provisions of Army Regulation 635-200, chapter 5,
paragraph 5-31, EDP, for failure to maintain acceptable standards for
retention.

7.  The applicant voluntarily consented to the discharge and acknowledged
that if he were issued a general discharge he may expect to encounter
substantial prejudice in civilian life.  He also acknowledged that he was
provided an opportunity to consult with counsel and declined.  He elected
not to make a statement on his own behalf.

8.  On 1 June 1978, the separation authority approved the recommendation
for separation and directed that the applicant be furnished a general
discharge.

9.  The applicant was discharged on 19 June 1978 with a general discharge
under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-31,
under the EDP, for failure to maintain acceptable standards for retention.
He completed 11 months and 15 days of creditable active service and had no
lost time.

10.  The applicant authenticated his DD Form 214 in his own hand.

11.  There is no evidence the applicant applied to the Army Discharge
Review Board ADRB within their 15-year statue of limitations.

12.  The applicant submitted medical histories and reports from the
Brunswick Behavioral Health Center, a civilian facility, which show that he
was treated for schizophrenia.

13.  The applicant also submitted a copy of a DVA Rating Decision, dated
1 May 2003, which shows the applicant was denied a service-connected rating
because he did not specify or explain what type of injury he sustained
while on active duty.

14.  The DVA Rating Decision also shows that the applicant was previously
denied a DVA service-connected rating for a stomach condition, throat
condition, ear infection residual of head injury, abnormal heartbeat, head
injury, and a nervous condition to include schizophrenia.

15.  There are no military medical records in the applicant's military
personnel file.  However, the applicant provided copies of military medical
records which contained a DA Form 3082 (Statement of Medical Condition).
This form shows that the applicant underwent a separation medical
examination and he acknowledged that there had been no change in his
medical condition.

16.  The medical records submitted by the applicant also show that he
underwent a Mental Status Examination on 23 May 1978 and no significant
mental illness was found.

17.  Army Regulation 635-200 (Personnel Separations) sets forth the basic
authority for the separation of enlisted personnel.  At the time, paragraph
5-31 of this program provided that Soldiers who had completed at least 6
months, but less than 36 months of active duty and who demonstrated (by
poor attitude, lack of motivation, lack of self-discipline, inability to
adapt socially or emotionally, or failure to demonstrate promotion
potential) that they could not or would not meet acceptable standards,
could be separated with a general or honorable discharge, as appropriate.
It provided for the expeditious elimination of substandard, nonproductive
Soldiers before board or punitive action became necessary.  No member would
be discharged under the program unless he/she voluntarily consented to the
proposed discharge.  Issuance of an honorable discharge certificate was
predicated upon proper military behavior and proficient performance of duty
during the member’s current enlistment with due consideration for the
member’s age, length of service, grade and general aptitude.  A general
discharge is a separation from the Army under honorable conditions of an
individual whose military record is not sufficiently meritorious to warrant
an honorable discharge.

18.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.


19.  Army Regulation 635-40 governs the evaluation of physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  The regulation defines “physically unfit” as
unfitness due to physical disability.  The unfitness is of such a degree
that a Soldier is unable to perform the duties of his office, grade, rank
or rating in such a way as to reasonably fulfill the purposes of his
employment on active duty.

DISCUSSION AND CONCLUSIONS:

1.  Contrary to the applicant's contention, the preponderance of the
evidence shows that he did not meet the eligibility requirements for a
discharge under provisions of Army Regulation 635-40.  There is no evidence
he was treated for an injury caused as the result of his military service
or that he met the requirements for referral to a medical evaluation board.

2.  The applicant’s separation was accomplished in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.  The evidence of record shows he voluntarily
consented to the discharge as required by Army Regulation 635-200.

3.  Although the applicant's former commander noted that the applicant had
problems and refused to discuss them, there was no mention of any type of
injury or illness pertaining to the applicant during his discharge
processing.

4.  Evidence shows that the applicant underwent a physical examination
prior to his discharge and did not note any type of illness or injury.
Although, DVA documents refer to a head injury and other related illnesses
rated not service-connected, the applicant has failed to provide specific
information in support of his contention.

5.  The medical documents submitted by the applicant show that he has been
treated post-service for schizophrenia and other medical conditions.
However, there is no correlation between these illnesses and his military
service.

6.  The Board is empathetic to the applicant's medical problems; however,
he has provided insufficient evidence to show his medical problems caused
the disciplinary actions that led to his separation.  Therefore, there is
insufficient evidence on which to change his administrative separation to a
medical separation.




7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 June 1978; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 18 June 1981.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lds___  __phm___  __lgh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                        Linda D. Simmons
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009034                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19780619                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chap 5                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.2400                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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