RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 August 2007
DOCKET NUMBER: AR20070004663
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.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Curtis Greenway
Chairperson
Mr. Robert W. Soniak
Member
Ms. Karmin S. 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 reconsideration of his earlier request for a discharge upgrade.
2. The applicant states, in effect, that he found out that he suffers from a psychological disorder which impacted his life while he was in the Army.
3. The applicant provides a copy of Department of Veteran Affairs Form 21-4138 (Statement in Support of a Claim), a copy of a character reference letter, and a copy of a South Central Health and Rehabilitation Programs progress letter, in support of his application.
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 AR20050015014, on 9 May 2006.
2. The applicant's argument that he suffered a mental and/or psychological disorder during his military service is new argument not previously considered.
3. Records show that the applicant was voluntarily discharged under the provisions of Chapter 10 of Army Regulation 635-200 (Personnel Separations) in lieu of a court-martial.
4. The statement the applicant provided in support of his Department of Veteran Affairs claim argues that at age 20, he watched several war movies and imagined himself being a Soldier. He further argues that when he joined the Army, he then realized that the Army was not for him and that he had mixed fantasy and reality. He contends that he does not have what it takes to be a Soldier and that the pressure of Soldiering led him to a mental breakdown.
5. In a statement dated 9 February 2007, the applicant's landlord states that the applicant is a great resident who always pays his rent on time.
6. In a statement dated 29 January 2007, a board certified doctor in psychiatry and neurology states that the applicant has been an active participant of the health and rehabilitation program. The doctor further states that the applicant is enrolled in chemical dependency counseling and is making progress.
7. The applicant's records show that he underwent a separation physical on 16 March 1979 which included a mental status evaluation. Records further show that the applicant was found to have had no significant mental illness.
DISCUSSION AND CONCLUSIONS:
1. Evidence of records shows that the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200. Such discharges are voluntary requests for discharge in lieu of trail by court-martial. A requirement of a Chapter 10 discharge is admitting guilt to all charges. Records shows that all requirements of law and regulation were met in processing the applicant's discharge, and the rights of the applicant were fully protected throughout the separation process. Further, the applicant's discharge accurately reflects his overall record of service.
2. The applicant's contention that he suffered from a mental and/or psychological disorder during his military service was carefully considered and determined to be without merit. There is no evidence and the applicant has not provided sufficient evidence showing that he was diagnosed and/or treated for such disorder while in the military. Additionally, there is no evidence that a psychological disorder was the direct cause of his indiscipline.
3. The statements provided by the applicant are insufficient to meet the regulatory burden of proof required to establish entitlement to an honorable or general discharge. The available evidence does not establish that the applicant was diagnosed or treated for a mental or psychological disorder that interfered with his ability to serve while he was on active duty.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__cg____ __rws___ __ksj___ 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 AR20050015014, dated 9 May 2006.
Curtis Greenway
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070004663
SUFFIX
RECON
DATE BOARDED
20070802
TYPE OF DISCHARGE
(UOTHC)
DATE OF DISCHARGE
19790516
DISCHARGE AUTHORITY
AR 635-200, Chap 10
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
144.0000
2.
3.
4.
5.
6.
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