RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           1 November 2005
      DOCKET NUMBER:  AR20050004165


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Carol Kornhoff                |     |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 reconsideration of an earlier appeal that his
general discharge be upgraded to honorable.

2.  The applicant states, in effect, that he became mentally ill while
serving on active duty.

3.  The applicant provides a letter, dated 1 March 2005, from a clinical
psychologist at the Department of Veterans Affairs (DVA) and a letter,
dated
27 April 2005, from a licensed health service psychologist.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2004105344, on 30 November 2004.

2.  The applicant provides a letter, dated 1 March 2005, from a clinical
psychologist at the DVA.  She states that she has been treating the
applicant for depression since October 2001.  She also attests that the
applicant's depression started in 1982, that his discharge and two periods
of being absent without leave (AWOL) were depression related, and that he
sought mental health care while in the service but was never able to see a
psychiatrist or psychologist.

3.  The applicant also provides a letter, dated 27 April 2005, from a
friend who is a licensed health service psychologist.  She states that she
has been aware of the applicant's mental health problems for approximately
5 1/2 years and it is her observation that the symptoms that arise from
psychological problems that disturb the applicant directly affect his
ability to function at work and at home.  She indicates she reviewed the
letter written by the psychologist at the DVA and concurs with her
statements.  She states the applicant is motivated to improve his level of
functioning, yet his symptomatology has been quite resistant.  She also
states that the problems in functioning snowball into even more social
problems such as financial, relationship problems and inability to complete
talks that lead to a worsening of symptoms, thus the depression is self-
perpetuating.
4.  The applicant's submissions are new evidence which will be considered
by the Board.

5.  Having prior service in the Air Force, the applicant enlisted in the
Regular Army on 27 August 1976.  He served as a military policeman,
recruiter, and intelligence analyst and attained the rank of staff
sergeant.

6.  On 28 July 1983, nonjudicial punishment was imposed against the
applicant for being AWOL from 20 July 1983 to 25 July 1983.  His punishment
consisted of a reduction to E-5.

7.  On 23 November 1983, nonjudicial punishment was imposed against the
applicant for failure to repair.  His punishment consisted of restriction
and extra duty.

8.  Based on the applicant's irresponsible behavior, the applicant was
referred to the Community Mental Health for an evaluation.  On 15 December
1983, the Chief of the Community Mental Health Activity determined that the
applicant did not exhibit a psychiatric disorder and that he was unable to
cope with stressful pressure.

9.  On 31 January 1984, the applicant underwent a mental status evaluation.
 He was rated "normal" for behavior, he was found to be fully alert and
fully oriented,
his mood or affect was rated "mildly depressed," his thinking process was
clear, his thought content was rated "normal," and his memory was rated
"good."  It was determined that he was mentally responsible and that he met
the retention standards prescribed in chapter 3, Army Regulation 40-501.


10.  On 1 February 1984, nonjudicial punishment was imposed against the
applicant for being AWOL from 23 January 1984 to 26 January 1984.  His
punishment consisted of a reduction to E4 and a forfeiture of pay.

11.  On 1 February 1984, the applicant was notified of his pending
separation under the provisions of Army Regulation 635-200, chapter 14, for
misconduct (pattern of misconduct).  The unit commander based his
recommendation for discharge on the applicant's unsatisfactory performance
and repeated acts of minor misconduct.

12.  The entire separation packet is not available.

13.  On 9 February 1984, the applicant was discharged with a general
discharge under the provisions of Army Regulation 635-200, chapter 14, for
misconduct (pattern of misconduct).  His DD Form 214 (Certificate of
Release or Discharge from Active Duty) for the period ending 9 February
1984 shows he had served 11 years, 4 months, and 16 days of creditable
active service with 5 days of lost time due to AWOL.
14.  There is no evidence that the applicant applied to the Army Discharge
Review Board for upgrade of his discharge within its 15-year statute of
limitations.

15.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, and convictions by civil authorities.
Action will be taken to separate a member for misconduct when it is clearly
established that rehabilitation is impracticable or is unlikely to succeed.
 A discharge under other than honorable conditions is normally appropriate
for a Soldier discharged under this chapter.  However, the separation
authority may direct a general discharge if such is merited by the
Soldier’s overall record.  Only a general court-martial convening authority
may approve an honorable discharge or delegate approval authority for an
honorable discharge under this provision of regulation.

16.  Army Regulation 635-200 is the current regulation governing the
separation of enlisted personnel.  Paragraph 3-7 provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s
service generally has met the standards of acceptable conduct and
performance of duty for Army personnel (emphasis added), or is otherwise so
meritorious that any other characterization would be clearly inappropriate.


DISCUSSION AND CONCLUSIONS:

1.  Medical evidence of record shows the applicant's mood or affect was
rated "mildly depressed" prior to his discharge.  However, it was also
determined the applicant was mentally responsible and he met retention
standards.

2.  The evidence of record does not support the clinical psychologist's
contention that the applicant sought mental health care while in the
service but was never able to see a psychiatrist or psychologist.  There is
no evidence of record which shows the applicant sought treatment on his
own; however, evidence of record shows the applicant was referred by his
command for a mental health evaluation in December 1983 based on his
irresponsible behavior.  Medical evidence of record also shows he underwent
a mental status evaluation in January 1984.

3.  The applicant’s record of service included three nonjudicial
punishments and two periods of AWOL.  As a result, his record did not meet
the standards of acceptable conduct and performance of duty for Army
personnel.  Therefore, the applicant's record of service is insufficiently
meritorious to warrant an honorable discharge.

4.  In the absence of evidence to the contrary, it must be presumed that
the applicant’s separation was administratively correct and in conformance
with applicable regulations.  Without having the entire discharge packet to
consider, it is presumed his characterization of service was commensurate
with his overall record of service during his enlistment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA______  TO_____  CK______  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 to amend the decision of
the ABCMR set forth in Docket Number AR2004105344, dated 30 November 2004.




            ___James Anderholm____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004165                           |
|SUFFIX                  |                                        |
|RECON                   |20051130                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19840209                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 14                   |
|DISCHARGE REASON        |Misconduct (pattern of misconduct)      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]