RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070017402 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 discharge under other than honorable conditions be upgraded.

2.  The applicant states, in effect, that he was under mental health care prior to joining the U.S. Army Reserve (USAR) and that he was hospitalized 16 times before the age of 18 for trying to kill himself.    

3.  The applicant provides no additional evidence in support of his 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 15 September 1980, the applicant underwent a physical examination for enlistment in the USAR and was found qualified for enlistment.  In item 
8 (Statement of Examinee’s Present Health and Medications Currently Used) on his Standard Form 93 (Report of Medical History), dated 25 September 1980, he reported “Good No meds.”  He answered “No” to item 9 (Have you ever attempted suicide) and item 16 (Have you ever been treated for a mental condition) on the Standard Form 93.  He indicated that he had been hospitalized once in 1978 for bruised ribs in item 19 (Have you ever been a patient in any type of hospital?) on the Standard Form 93.    

3.  The applicant enlisted in the USAR on 25 September 1980.  He was ordered to active duty on 26 September 1980 for initial active duty for training for a period of 19 weeks.            

4.  The applicant went absent without leave (AWOL) on 14 January 1981 and returned to military control on 28 April 1981.  On 1 May 1981, charges were preferred against the applicant for the AWOL period.    

5.  On 1 May 1981, the applicant underwent a Mental Status Evaluation and was found mentally responsible.

6.  On 4 May 1981, the applicant consulted with counsel and requested discharge for the good of the service under the provisions of Army Regulation 635-200, chapter 10.  He indicated in his request that he understood he might be discharged under conditions other than honorable and furnished an other than honorable discharge; that he might be ineligible for many or all benefits administered by the Veterans Administration; that he would be deprived of many or all Army benefits; and that he might be ineligible for many or all benefits as a veteran under both Federal and State law.  He also acknowledged that he might expect to encounter substantial prejudice in civilian life because of an other than honorable discharge.  He elected to make a statement in his own behalf.  In summary, he stated that he was 18 years old, that he had an 11th grade education, and that he joined the USAR because he did not have a job.  He stated that he could not adapt to the Army and that he had overdosed five times since joining the Army.  The applicant also provided a hospital record, dated 
31 January 1981, which stated he had been admitted for a drug overdose in Ashland, Kentucky and he was diagnosed with atypical psychosis with depression and a personality disorder.   
 
7.  On 5 June 1981, the separation authority approved the applicant's request for discharge and directed that he be furnished a discharge under other than honorable conditions.

8.  Accordingly, the applicant was discharged under other than honorable conditions on 24 June 1981 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of court-martial.  He had served 
5 months and 14 days of active service with 104 days of lost time due to AWOL.  

9.  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.

10.  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.

11.  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.  

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant’s contentions that he was under mental health care prior to joining the USAR and that he was hospitalized 16 times before the age of 18 for trying to kill himself.  On 
25 September 1980, on his Standard Form 93, he reported that he had never attempted suicide, that he had never been treated for a mental condition, and that he had only been hospitalized once in 1978 for bruised ribs.  

2.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, was administratively correct and in conformance with applicable regulations.    

3.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.

4.  The applicant’s record of service included 104 days of lost time.  As a result, 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 a general or honorable discharge.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

PM_____  _JH_____  _KJ_____  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.




      _                _PM______
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017402


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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