RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2008
	DOCKET NUMBER:  AR20070017966 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Jeanette R. McCants

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 general discharge be upgraded to an honorable discharge.

2.  The applicant states, in effect, he was suffering from chronic depression caused by Post-Traumatic Stress Disorder (PTSD) at the time of his discharge.  This information has been verified through his long history of depression from serving in the Republic of Vietnam from 1967 to 1968.  He is still suffering from PTSD today and is being treated by the Department of Veterans Affairs (DVA).  He has completed a Drug and Alcohol program after he was discharged from the Army National Guard and he now has two children and is working as a Veterans Service Officer for his county.  His goal has always been to raise the level of his general discharge to an honorable discharge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 January 1970, NGB Form 22 (Report of Separation and Record of Service) for the period ending 15 June 1992, and a letter from the Recovery Associates dated  
16 October 2001.

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.  The applicant's military personnel record shows he enlisted in the Regular Army on 1 February 1967 for 3 years.  He completed the necessary training and was awarded the military occupational specialty (MOS) 72C (Central Office Switchboard Operator).  


3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served as a Lineman during the period 27 September 1967 to  
26 September 1968 in the Republic of Vietnam.

4.  The applicant was honorably discharged from active duty and transferred to the U.S. Army Reserve Control (USAR) Group (Reinforcement), St. Louis, Missouri on 27 January 1970.  He completed 2 years, 11 months, and 27 days of Net Service This Period.  His highest pay grade held was E-5.

5.  He enlisted in the Indiana Army National Guard (INARNG) on 6 August 1977.  He served continuously with the INARNG until he was separated on 15 June 1992.

6.  The applicant's discharge packet was not included in his record; however, the NGB Form 22 he was issued shows he was discharged under honorable conditions (General Discharge) for alcohol or other drug abuse rehabilitation failure under the provisions of National Guard Regulation 600-200, paragraph  
8-26r on 15 June 1992.  He had completed a total of 14 years, 10 months, and 10 days of Net Service This Period.

7.  The applicant's military personnel record does not contain any evidence of him ever being diagnosed and treated while on active duty for chronic depression.

8.  The letter from the Recovery Associates states that the applicant was admitted into their treatment program for chemical dependency in January 1993. He had completed all of the treatment requirements in March 1993 and to the best of their knowledge there had been no reoccurrence of his cannabis dependence.

9.  National Guard Regulation 600-200 (Enlisted Personnel Management) governs procedures for enlisted personnel of the Army National Guard.  Paragraph 8-26 covers reasons, applicability, codes, and board requirements for administrative discharges from the Reserve of the Army and/or the State Army National Guard.  Paragraph 8-26r pertains to alcohol or other drug abuse rehabilitation failure.

10.  Army Regulation 600-85 (Army Substance Abuse Program), in pertinent part, governs the separation of soldiers for alcohol and other drug abuse.  Section 5-5c specifically states that Soldiers that are rehabilitation failures will be 


processed for administrative separation when the unit commander determines 
that further rehabilitation efforts are not practical and that rehabilitation is a failure.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his general discharge should be upgraded to an honorable discharge.

2.  The applicant states at the time he was discharged from the Army he was suffering from chronic depression caused by PTSD.  Additionally, his PTSD has been verified through his long history of depression from his service in the Republic of Vietnam and he is still suffering from PTSD and is being treated for that condition by the DVA.

3.  However, there is no evidence nor has the applicant submitted any evidence of him ever being diagnosed or treated while on active duty for chronic depression caused by PTSD.  He received an honorable discharge from active duty on 27 January 1970.  

4.  The applicant was then discharged from the INARNG under the provisions of National Guard Regulation 600-200 for alcohol or other drug abuse rehabilitation failure on 15 June 1992.

5.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement; therefore, he is not entitled to an honorable discharge from the Army National Guard.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LMD__  __JRM___  __JTM__  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.




___John T. Meixell    __
      CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.