IN THE CASE OF:
BOARD DATE: 3 June 2008
DOCKET NUMBER: AR20080004927
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request for an upgrade of his discharge.
2. The applicant states that his indiscipline and misconduct during his military service and subsequent actions after his discharge were due to the Army's failure to diagnose him with schizophrenia.
3. The applicant provides a self-authored statement, dated 20 March 2008, 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 AR20070012025, on 14 February 2008.
2. The applicant submitted a self-authored letter attributing his actions to the Army's failure to diagnose him properly, which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant's records show that he enlisted in the Regular Army for a period of 3 years on 17 January 1978. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist). The highest rank/grade he attained during his military service was private first class (PFC)/E-3. His records do not show any acts of valor, significant achievement or service.
4. On 13 March 1979, court-martial charges were preferred against the applicant for one specification of striking a Soldier in the face with his closed fist; one specification of assaulting a Soldier by striking him with a 5-foot long wooden stake; two specifications of wrongfully communicating a threat to kill two Soldiers; one specification of being absent without leave (AWOL); and one specification of willfully and wrongfully destroying property by cutting 4 automobile tires.
5. On 18 April 1979, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial. Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial.
6. On 20 April 1979, the applicant underwent a medical examination at the U.S. Army Hospital, Fort Hood, Texas, where he was determined to be qualified for separation.
7. On 1 May 1979, the separation authority directed that the applicant be separated under the provisions of Chapter 10, Army Regulation 635-200, for the good of the Army and that he receive an Under Other Than Honorable Conditions Discharge Certificate. Accordingly, he was discharged on 24 May 1979. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued confirms the applicant completed 1 year, 4 months, and 7 days of creditable active military service and 1 day of lost time due to AWOL.
8. In his self-authored statement, the applicant states that due to his mental impairment, diagnosed as a paranoid schizophrenia, he was in a mental ward at Darnell Army Hospital, Fort Hood, Texas, for 24 hours, and therefore could not possibly be responsible for his actions. He further questions the Army's failure to see that he had a history of violence and that the Army did not diagnose him properly or provided him with treatment. He also adds that after his discharge, he committed 2 murders and was arrested more than 20 times in the past 30 years. He concludes that his life hardships were the result of the Army's failure to explain the meaning of a court-martial or that it would have helped if Army officials gave him the chance to transfer to Fort Riley, Kansas.
9. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
10. Army Regulation 635-200 (Personnel Separations) 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 members 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. Whenever there is doubt, it is to be resolved in favor of the individual.
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 Soldiers separation specifically allows such characterization.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention and self-authored letter were carefully reviewed and found to be without merit. There is no evidence in the applicant's record that shows the applicant's misconduct was a result of his military service. Furthermore, there is no evidence that the applicant was diagnosed with paranoid schizophrenia or that his acts of misconduct were the result of paranoid schizophrenia.
2. The evidence of record shows that he was charged with the commission of offenses punishable under the UCMJ with a punitive discharge. Discharges under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in lieu of trail by court-martial. The applicant willingly, voluntarily, and in writing requested discharge from the Army in lieu of trial by court-martial. All requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process. Further, the applicants discharge accurately reflects his overall record of service.
3. The evidence of record confirms that all requirements of law and regulation were met and the applicants rights were fully protected throughout the separation process. The record further shows the applicants discharge accurately reflects his overall record of undistinguished service.
4. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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 AR20070012025, dated 14 February 2008.
XXX
_ _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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