RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 JANUARY 2006
      DOCKET NUMBER:  AR20050006166


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 records be corrected to show that he
was discharged or retired by reason of physical disability.

2.  The applicant states he has found out that he was "bipolar" during his
period of military service.  He states it seems that everything was
building up and he did not know who to talk to so he stopped talking and
would go off on his own and cry for no reason.  He states at his first duty
station he talked to his peers and members of his chain of command and told
them he was hearing voices and that he wanted to go home because of the KKK
and other gangs that people were talking about.  He states he is asking for
a medical discharge and notes also, that while in Panama he fell out of a
12 mile road march.

3.  The applicant provides a copy of a statement showing he is receiving
benefits from the Social Security Administration.  That document notes the
applicant is disabled.  He also included a business card from a
psychiatrist in Chicago, Illinois.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 February 1984.  The application submitted in this case
is dated
11 April 2005.

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 enlisted in the
Regular Army on 23 October 1979 for 4 years.  He was trained in military
occupational specialty (MOS) 12B (Combat Engineer) and received an
enlistment bonus.  He was advanced to pay grade E-2 on 23 April 1980 and to
pay grade E-3 on
23 October 1980.  After a period of service at Fort Campbell, Kentucky, he
was assigned to duties in Panama on 19 May 1981.  While at Fort Campbell,
he was convicted by a summary court-martial on 30 March 1981 of failing to
go to his appointed place of duty and disrespectful language toward a
sergeant, both incidents on 6 March 1981.  His sentence included reduction
to pay grade E-1 and forfeiture of $200 pay.

4.  On 16 March 1982, contrary to his pleas, he was convicted by a special
court-martial of one specification of violation of Article 121, Uniform
Code of Military Justice (UCMJ) for theft of an unknown number of cans of
beer and an unknown amount of candy, of some value, from the Army and Air
Force Exchange Service on or about 25 July 1981; of one specification of
violation of Article 90, UCMJ, for disobeying the lawful order of a
commissioned officer on 26 January 1982; and of two violations of Article
91, UCMJ, for disobeying the lawful order of a superior noncommissioned
officer (NCO) and use of disrespectful language to the same NCO on 26
January and 3 February 1982, respectively.

5.  His approved sentence included the forfeiture of $250 pay per month for

3 months, confinement at hard labor for 3 months and a BCD (bad conduct
discharge).

6.  A May 1982 physical examination noted the applicant did report having
trouble sleeping, worried excessively and had nervous trouble.  The
examining physician noted these conditions were the result of the
applicant's confinement in the stockade.

7.  On 21 June 1982, having served his period of confinement (through 15
June) in Panama, he was ordered returned to the United States.  On 24
August
1982, he was placed on involuntary excess leave pending appellate review of
his court-martial conviction.

8.  On 31 January 1984, Special Court-Martial Orders Number 17 was issued
by the U.S. Army Armor Center and Fort Knox, Kentucky, announcing that the
approved sentence imposed by the special court-martial on 16 March 1982 in
the applicant’s case was affirmed under the provisions of Article 66, UCMJ.
 The provisions of Article 71c, UCMJ, having been complied with, the
sentence would be duly executed.

9.  On 27 February 1984, the applicant was discharged with a BCD, in
accordance with Army Regulation 635-200, Section IV, Chapter 3, as the
result of court-martial, other.  He was credited with 4 years, 1 month and
5 days active service (of which 553 days was spent on excess leave), and 92
days lost time.

10.  The service medical records, contained in files available to the
Board, indicate the applicant was treated for a variety of ailments while
in the military.  However, there is no evidence he was ever treated for, or
complained of hearing voices or wanting to go home because people were
talking about the KKK or other gangs.  There was no indication of any
mental health issues.

11.  On 9 January 1987, the Army Discharge Review Board conducted a records
review of his case and denied his request for upgrade of his discharge.
This Board denied a similar request in June 1999.  The applicant made no
mention of any mental health issues in either of those two petitions for
review of his discharge.

12.  The statement from the Social Security Administration indicates the
applicant began receiving benefits in 1994.

13.  Army Regulation 635-40 states that disability compensation is not an
entitlement acquired by reason of service-incurred illness or injury;
rather, it is provided to Soldiers whose service is interrupted and they
can no longer continue to reasonably perform because of a physical
disability incurred or aggravated in service.  There must be a causative
relationship between the less than adequate duty performance and the
unfitting medical condition or conditions.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant may be suffering from a mental health issue and
received treatment for that condition subsequent to his separation, he
provides no evidence that the condition was related to his military service
or that he exhibited any symptoms while in the military.  He has provided
no evidence that his current condition was in any way service connected.

2.  The applicant's records show that he successfully completed training
and was promoted on two separate occasions.  Such accomplishments are
evidence that the applicant was able to function in a military environment.

3.  The fact that the applicant may be receiving benefits from the Social
Security Administration is not evidence that his discharge from the Army
was in error or unjust, nor does it compel the Army to change the basis for
the applicant's separation.

4.  In order to justify correction of a military record the applicant must,
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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 February 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 February 1987.  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

__SP____  __CD___  __KJ____  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.




                                  _____Shirley Powell________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006166                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050118                                |
|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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