RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 November 2006
      DOCKET NUMBER:  AR20060005794


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Ms. Ernestine Fields              |     |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, reconsideration of his earlier
request to upgrade his discharge under other than honorable conditions, or
he requests a medical discharge.

2.  The applicant states, in effect, that since his discharge he has been
diagnosed with schizophrenia, hypertension, and urticaria and is currently
on medication.  He states that at the time of his discharge he was not on
medication but believes that he was already exhibiting schizophrenic
behavior that medical attention could have helped.  He believes the Army
and his family doctors overlooked this defect in his character.  He
contends that while in the Army he performed as expected of him on most
occasions; however, he believes his mental shortcomings/defects caused him
to have poor judgment and caused him to follow poor advice from others.  He
also contends that he was easily led and that he believes he would not have
behaved in such a manner if the Army or his doctors had diagnosed him and
had him on the appropriate medication for his mental and physical
conditions.

3.  The applicant provides a letter from his physician, dated 25 April
2005; a letter from a Mental Health Center, dated 25 October 2005; and a
copy of his DD Form 214 (Certificate of Release or Discharge from Active
Duty).

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
AR1999019323 on 24 March 1999.

2.  The applicant enlisted on 31 July 1979 for a period of 3 years.  He
successfully completed One Station Unit Training and advanced individual
training in military occupational specialty 55B (ammunition specialist).

3.  On 31 January 1980, nonjudicial punishment was imposed against the
applicant for possessing marijuana.  His punishment consisted of a
forfeiture of pay.

4.  The facts and circumstances surrounding the applicant’s discharge are
not contained in the available records.  However, the available records
contain Army Discharge Review Board (ADRB) Proceedings and a Memorandum of
Consideration, dated 24 March 1999, which state the applicant went absent
without leave (AWOL) on 16 April 1980 and returned to military control on 8
May 1980.  He went AWOL on 16 May 1980 and returned to military control on
26 June 1980.  He went AWOL again on 8 September 1980 and returned to
military control on 10 February 1982.  Charges were preferred against the
applicant on 11 February 1982 for the AWOL periods.

5.  On 16 February 1982, the applicant consulted with counsel and requested
discharge for the good of the service under the provisions of Army
Regulation 635-200, chapter 10.

6.  On 22 February 1982, the applicant underwent a mental status evaluation
and no mental illness was found.

7.  The applicant’s DA Form 2 (Personnel Qualification Record), prepared on

1 March 1982, shows his physical profile was 111111.

8.  On 8 March 1982, the separation authority approved the applicant's
request for discharge and directed that he be furnished a discharge under
other than honorable conditions.

9.  Accordingly, the applicant was discharged under other than honorable
conditions on 22 April 1982 under the provisions of Army Regulation
635-200, chapter 10, for the good of the service, in lieu of court-martial.
 He had served 11 months and 5 days of total active service with 647 days
of lost time due to AWOL.

10.  In support of his claim, the applicant provided a letter, dated 25
April 2005, from his physician.  He attests that the applicant has been
under his care since 14 January 2005, that he has been diagnosed with
schizophrenia, hypertension, and urticaria, and that he is taking
medication.  The applicant also provided a letter, dated 25 October 2005,
from a Case Manager at a Mental Health Center in Florence, South Carolina.
She attests that the applicant is receiving services at that facility to
learn how to take his prescribed medications and care for his illness.

11.  On 11 July 1983, the ADRB denied the applicant’s request for an
honorable discharge.

12.  In his original request for upgrade of his discharge, the applicant
contended that he was experiencing stressful family problems that impaired
his ability to reason.

13.  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.

14.  Army Regulation 635-200, paragraph 3-7a, 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.

15.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

16.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of
Medical Fitness) provides that the basic purpose of the physical profile
serial system is to provide an index to the overall functional capacity of
an individual and is used to assist the unit commander and personnel
officer in their determination of what duty assignments the individual is
capable of performing, and if reclassification action is warranted.  Four
numerical designations (1-4) are used to reflect different levels of
functional capacity in six factors (PULHES): P-physical capacity or
stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-
eyes, and S-psychiatric.  Numerical designator "1" under all factors
indicates that an individual is considered to possess a high level of
medical fitness and, consequently, is medically fit for any military
assignment.

17.  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 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.
 Paragraph 4-3, states that an enlisted Soldier may not be referred for, or
continue, disability processing when action has been started under any
regulatory provision which authorizes a characterization of service of
under other than honorable conditions.

18.  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.  The U.S. Court of Appeals, observing
that applicants to the ADRB are by statute allowed 15 years to apply there,
and that this Board's exhaustion requirement (Army Regulation 15-185,
paragraph 2-8), effectively shortens that filing period, has determined
that the 3 year limit on filing to the ABCMR should commence on the date of
final action by the ADRB.  In complying with this decision, the ABCMR has
adopted the broader policy of calculating the 3-year time limit from the
date of exhaustion in any case where a lower level administrative remedy is
utilized.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was diagnosed
with a medical or mental condition prior to his discharge on 22 April 1982.
 There is no evidence of record to show he was ever medically unfit to
perform his duties or to show that schizophrenia, which it appears to have
been diagnosed about          20 years after his separation, was the cause
of his misconduct.  Therefore, there is no basis for a medical discharge.

2.  The applicant accepted nonjudicial punishment for a charge of
possession of marijuana only six months after he enlisted, and he had an
extensive period of AWOL.  His record of service was not satisfactory and
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 or a general
discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MP_____  _RR_____  _EF____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the applicant’s request for an upgrade of his discharge,
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 AR1999019323 dated 24 March 1999.

2.  In regard to the applicant’s request for a medical discharge, 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.




                                  ___Margaret Patterson_
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005794                           |
|SUFFIX                  |                                        |
|RECON                   |19990324                                |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19820422                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 10                   |
|DISCHARGE REASON        |For the good of the service, in lieu of |
|                        |court-martial                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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