RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 AUGUST 2005
      DOCKET NUMBER:  AR20040010381


      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. Gale J. Thomas                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Leonard 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, in effect, disability retirement or separation
with a characterization of under honorable conditions.

2.  The applicant states he departed AWOL (absent without leave) because of
his psychiatric condition, which had been untreated at the time.  He states
because of his untreated schizophrenia he did not understand his discharge.

3.  The applicant provides copies of medical treatment records from 2000,
2001, and 2003.  He also submits an October 2004 statement from St. Clare's
Hospital in Denville, New Jersey, noting the applicant was diagnosed with
Paranoid Schizophrenia which precludes him from gainful employment and
makes him eligible to receive Social Security Supplemental Income.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 October 1986.  The application submitted in this case
is dated
6 October 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.  Records available to the Board indicate the applicant entered active
duty on 29 June 1983 for a period of 3 years.  He was approximately 6
months shy of turning 18 years old at the time of his enlistment.  He had
completed 11 years of formal education and had a GT (general technical)
score of 105.

4.  On 4 July 1983, while at the reception station at Fort Bliss, Texas,
the applicant was referred to medical officials for fighting and then
punching himself. He was hospitalized until 11 July 1983 when he was
returned to duty with a diagnosis of adjustment disorder.

5.  The applicant went on to successfully complete basic and advanced
individual training and in August 1983 completed requirements for award of
his GED (general education diploma).

6.  In November 1983 he was assigned to a field artillery unit in Germany
and in December 1983 he was advanced to pay grade E-2.  In June 1984 he was
promoted to pay grade E-3, in July 1984 he was awarded an impact Army
Achievement Medal for outstanding achievement, and in August 1984 he
successfully completed the Stringer Crewman Transition Training Course.

7.  His service medical records are devoid of any psychiatric referrals or
problems while in Germany.

8.  In May 1965 the applicant departed Germany and in June 1985 he was
assigned to an air defense artillery unit at Fort Hood, Texas.  Within 60
days of his assignment to Fort Hood the applicant sought assistance from
the Department of Psychiatry and Behavioral Sciences for a complaint of
depression and dissatisfaction with his present assignment.  He was
diagnosed with occupational problems and returned to duty.  In September
1985 he sought assistance for marital problems.

9.  In December 1985 the applicant underwent a periodic physical
examination which found him medically qualified for continued service with
a physical profile of 1-1-1-1-1-1.

10.  On 19 February 1986 the applicant departed AWOL.  He was subsequently
dropped from the rolls of the Army but surrendered to military authorities
at Fort Hood on 23 September 1986.

11.  On 25 September 1986, after charges were preferred, the applicant
requested discharge in lieu of trial by court-martial.  His records
indicate that the applicant consulted with counsel and voluntarily
requested discharge for the good of the service in lieu of trial by court-
martial under the provisions of Army Regulation 635-200, Chapter 10.  His
request acknowledged he understood the nature and consequences of the under
other than honorable conditions discharge, which he might receive.  He
indicated he understood he could be denied some or all veterans' benefits
as a result of his discharge and that he may be deprived of rights and
benefits as a veteran under both Federal and State law.  He waived his
right to a physical examination and did not submit any statements on his
own behalf.  He did, however, indicate in an interview that he was
disillusioned with the military and that he had personal reasons for being
AWOL.

12.  The applicant's request was approved and on 29 October 1986 the
applicant was discharged under other than honorable conditions for the good
of the service in lieu of court-martial.

13.  The medical treatment documents provided by the applicant indicate the
applicant was being treated by medical officials in 2000 after someone
called the police reporting him to be suicidal.  The intake document noted
the applicant was on anti-depressants and was treated for anger management
while in California.  An incomplete October 2001 medical document notes the
applicant was seen by medical officials in October 2001 after displaying
increasing anger.  The document indicated the applicant was decompensating
and did not wish to increase his medications.

14.  An undated Termination of Treatment summary from the North Florida
Evaluation and Treatment Center indicated the applicant had been committed
to the Florida Department of Children and Families by the Circuit Judge in
Broward County, Florida, as Incompetent To Proceed after being charged with
battery on a law enforcement officer, escape, and trespassing on 23
November 2001.  The applicant was evaluated by two court-appointed experts.
 The first expert deemed the applicant incompetent to proceed and offered a
diagnostic impression of Schizophrenia, Paranoid, with Psychotic Features.
The second expert also found the applicant incompetent after he was
uncooperative with the evaluation.  The expert felt he suffered from
delusions.  The document continued, however, that the applicant had not
presented any significant management problems since his release from
intensive intervention on 20 August 2002 but was diagnosed as
Schizophrenia, Paranoid Type, with a history of alcohol, cannabis, and
cocaine abuse.  It was ultimately concluded the applicant was competent to
proceed and recommended he be returned to the jurisdiction of the
committing court for further disposition of his charges.

15.  A September 2003 psychiatric evaluation conducted at Saint Clare's
Behavioral Health Center in New Jersey noted the applicant was becoming
symptomatic when he was around 20, but that the exact onset of his illness
was unclear.  The report indicated the applicant said he was hospitalized
in a psych unit while in the Army at the age of 17, however, the report
noted this may have just been due to substance abuse and violent behavior
rather then the result of other functional psychiatric symptoms.  The
report noted the applicant began abusing marijuana at the age of 11,
cocaine at the age of 15, and alcohol at the age of 17.  The applicant
reported he had been off both alcohol and drugs and has been almost
completely sober for the past 10 years and has only smoked crack 3 times
over the past 10 years, but did still smoke marijuana occasionally.

16.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides
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 discharge under
other than honorable conditions is normally considered appropriate.

17.  Army Regulation 635-40, which establishes the policies and procedures
for the separation or retirement of Soldiers by reason of physical
disability states that Soldiers may not be referred for, or continue,
physical disability processing when action has been started under any
regulatory provision which authorizes a characterization of service of
under other than honorable conditions unless the general court-martial
convening authority determines that the disability is the cause, or a
substantial contributing cause, of the misconduct that might result in a
discharge under other than honorable conditions.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

2.  The evidence from the applicant's service medical records indicate he
was seen and hospitalized for a single anger incident in 1983, shortly
after his entrance on active duty.  He was diagnosed with an adjustment
disorder at the time.  There were no other incidents until June 1985 after
his assignment to Fort Hood, Texas, at which time he related that he was
depressed and dissatisfied with his assignment.  During the intervening
years the applicant performed successfully, was promoted, and was awarded
an Army Achievement Medal.

3.  While the applicant offers evidence of his hospitalization and
treatment for schizophrenia, subsequent to his separation, he provides no
evidence that the condition was the basis of his period of AWOL in 1986 or
that he was unable to comprehend his decision to voluntarily request
discharge rather than face a court-martial.

4.  The significant lapse of time between the applicant’s separation and
his diagnosis of schizophrenia further supports a conclusion that the
applicant did not have any medical disabling condition, which warranted
separation by reason of physical disability in 1986, nor excused the
behavior which resulted in his voluntary request for discharge.
5.  In the absence of evidence to the contrary, the Board presumes that the
applicant’s administrative separation for unsuitability was accomplished in
accordance with laws and regulations in effect at the time.  The applicant
has not provided any evidence indicating that the separation was erroneous,
invalid, or unjust.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 October 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
28 October 1989.  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

__PS ___  __YM ___  __LH  ___  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.




                                  ______  Paul Smith_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010381                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050830                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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