RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 25, 2005
      DOCKET NUMBER:  AR2004106978


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. LaVern M. Douglas             |     |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, that his discharge under other than
honorable conditions be upgraded to an honorable or a general discharge;
and that the reason and authority for his discharge be changed to indicate
that he was medically discharged.

2.  The applicant states he was hospitalized after he made a suicide
attempt in 1978, while he was in the Army.  He states that he was sent to
an Army mental hospital at Fort Sam Houston in San Antonio, Texas, where he
was asked by a doctor if he wanted to go home or to be returned to his
unit.  He states that he did not realize how severe his condition was and
that he did not know then that he was suffering from schizophrenia.  He
states that he chose to return to his unit and his condition continued to
get worse.  He states that he lost touch with reality and that he left his
unit to return home so that he could try to recover.  He goes on to state
that he was absent without leave (AWOL) for over a month before his mental
health returned and he turned himself in to the local police and was sent
to Fort Knox, Kentucky.  He states that he was given the option of taking a
less than honorable discharge or trying to be medically discharged and that
due to the fact that he was informed that it would be unlikely that he
would be discharged for medical reasons, he opted to take a less than
honorable discharge and he was sent home 3 days later.  He states that he
was very young and was not yet 100 percent mentally normal at the time that
he made his choice and that he may have misunderstood the options.

3.  The applicant continues by stating that he served honorably and that he
always did his best up until the time that the schizophrenia began to
destroy his life.  He states that he had planned to make serving in the
military his career and that he does not believe that the Army owes him
anything; however, he needs help now.  He states that he had a spotless
record while he was in the military and that he is now not able to work
full time and he needs some medical assistance.  He states that if the
schizophrenia had not ravaged his life he would not be asking for a change
in the type of discharge that he received and that he needs help to take
care of his family and himself as he is currently on short term disability
through an employer.  He states that once his disability benefits run out
he will no longer be insured and that his wife works at a restaurant where
she has no access to medical insurance.  He concludes by stating that due
to the circumstances surrounding his discharge, he would appreciate very
much if this Board would consider changing the type of discharge that he
received.

4.  The applicant provides in support of his application a list of reasons
why his discharge should be upgraded and an undated statement addressed “To
whom it may concern” explaining his list of reasons.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 6 December 1978.  The application submitted in
this case is dated 8 July 2003, but was received on 14 April 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 limitation 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.  On 18 October 1977, he enlisted in the Army in St. Louis, Missouri, for
4 years, in the pay grade of E-1.  He successfully completed his training
as an armor crewman.  He was transferred to Fort Hood, Texas, on 3 February
1978 and he was advanced to the pay grade of E-2 on 18 April 1978.

4. Nonjudicial punishment (NJP) was imposed against the applicant on 12
June 1978, for being AWOL from 30 May until 4 June 1978.  His punishment
consisted of 14 days of confinement and a forfeiture of pay in the amount
of $100.00 a month for 2 months.

5.  The applicant went AWOL again on 6 July 1978 and he remained absent
until he was apprehended by civil authorities and returned to military
control on 17 October 1978.

6.  On 24 October 1978, the applicant was notified that charges were
pending against him for being AWOL.  He acknowledged receipt of the
notification and after consulting with counsel, he submitted a request for
discharge under the provisions of Army Regulation 635-200, chapter 10, for
the good of the service, in lieu of trial by court-martial.




7.  The applicant underwent a psychiatric evaluation at the Community
Mental Health Activity, Fort Knox, Kentucky.  The attending psychiatrist
determined that the individual was mentally responsible; able to
distinguish right from wrong and to adhere to the right; and had the mental
capacity to understand and participate in board proceedings.  The
psychiatrist indicated that no evidence was found of an underlying,
previously unrecognized, mentally disqualifying emotional illness and that
further discipline or rehabilitative processes were an administrative
decision.  The psychiatrist cleared the applicant for any administrative
action deemed appropriate by his command.

8.  Along with his request for discharge, he submitted a statement in his
own behalf indicating that he was 20 years old and had a high school
diploma; that he was unemployed when he joined the Army; that he was
requesting a chapter 10 discharge because he could not cope with military
life; and because he had been placed in a mental hospital as a result of
having a nervous breakdown.  He concluded his statement by indicating that
when he got out of the mental hospital his commanding officer would not let
him out of the Army; therefore, he went AWOL and got a real good job.

9.  The appropriate authority approved the request for discharge on
14 November 1978.  Accordingly, on 6 December 1978, the applicant was
discharged, under other than honorable conditions, under the provisions of
Army Regulation 635-200, chapter 10, for the good of the service, in lieu
of trial by court-martial.  He had completed 10 months and 4 days of total
active service and he had approximately 108 days of lost time due to AWOL
and confinement.

10.  A review of the available records fails to show that the applicant was
suffering from schizophrenia while he was in the Army.

11.  Further review of the available records fails to show that the
applicant ever applied to the Army Discharge Review Board for an upgrade of
his discharge within that board’s15-year statute of limitations.

12.  Army Regulation 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
submit a request for discharge for





the good of the service in lieu of trial by court-martial.  The request may
be submitted at any time after charges have been preferred and must include
the individual's admission of guilt.  Although an honorable or general
discharge is authorized, a discharge under other than honorable conditions
is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

3.  The contentions made by the applicant have been noted.  However, there
is no evidence in the available records, nor has the applicant submitted
any evidence to support his contention that he was suffering from
schizophrenia or that he attempted to commit suicide while he was in the
Army.

4.  The evidence of record clearly shows that he had no desire to remain in
the Army when he began going AWOL.  In the statement that he submitted at
the time of his discharge he stated that could not cope with military life
and that he went AWOL because he had a nervous breakdown and his commanding
officer would not let him out of the Army.  He also stated that when he
went AWOL he got a real good job.  Additionally, he underwent a psychiatric
evaluation and the psychiatrist determined that he had no medically
disqualifying emotional illness and cleared him for any administrative
action deemed appropriate by his command.  Therefore, it appears that his
request for a change to the reason and authority for his discharge is
without merit, as he was not discharged through medical channels.

5.  Consideration has been given to the applicant’s current medical
problems.  However, his medical problems are not sufficiently mitigating to
warrant the relief requested.  He had NJP imposed against him and charges
pending against him for going AWOL.  He had approximately 108 days of lost
time due to AWOL and confinement and he could have received a punitive
discharge had he been tried by a court-martial.  Considering the nature of
his offenses, it appears that the type of discharge that he received
appropriately reflects his overall record of service.

6.  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 this requirement.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 December 1978; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 5 December 1981.  However, 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

lmd_____  kan_____  jea__  ___  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.




                                  _____Kathleen A. Newman__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004106978                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050125                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19781206                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |CHAPTER 10                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  689  |144.7000.0000/THE GOOD OF THE SERVICE   |
|2.  708                 |144.7100.0000/COND TRI BY CM - AWOL     |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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