RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 06 December 2007
DOCKET NUMBER: AR20070008759
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. Andrew C. Jacobs
Analyst
The following members, a quorum, were present:
Ms. Kathleen A. Newman
Chairperson
Ms. Rose M. Lys
Member
Mr. Edward E. Montgomery
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 her uncharacterized discharge be changed to a medical discharge.
2. The applicant essentially states that she was found to have schizophrenia, but did not receive a medical discharge or medication.
3. The applicant provides no additional evidence in support of this application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that she enlisted in the Regular Army on 13 February 1996. However, on 28 May 1996, she was discharged under the provisions of Chapter 11 (Entry Level Performance and Conduct), Army Regulation 635-200 (Enlisted Personnel) for a very poor motivational attitude. During her separation proceedings, a psychiatric examination was conducted on the applicant, and she was psychiatrically cleared for separation. There is no indication of any diagnosis of schizophrenia. The applicant also elected not to have a separation medical examination performed on her.
3. On 23 January 1998, the Army Discharge Review Board (ADRB) informed the applicant that her petition to upgrade her discharge was denied.
4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her uncharacterized discharge should be changed to a medical discharge.
2. While the Board does not doubt the sincerity of the applicants contention that she suffered from schizophrenia at the time of her brief service in the Army, there is no evidence in her military records, and the applicant failed to provide any evidence to support this contention.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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. In view of the foregoing, there is no basis for granting relief to the applicant in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__KAN___ __RML__ __EEM__ 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 for correction of the records of the individual concerned.
___Kathleen A. Newman__
CHAIRPERSON
INDEX
CASE ID
AR20070008759
SUFFIX
RECON
DATE BOARDED
20071206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
144.2900.0000
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