IN THE CASE OF:	
		BOARD DATE:	 
		DOCKET NUMBER:  AR20080006213 


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, in effect, that his discharge, characterized as under other than honorable conditions (UOTHC), be change to a general discharge, medical discharge, or honorable discharge.

2.  The applicant states, in effect, that at the time of his discharge, he was mentally unbalanced and very depressed due to his younger brother's and grandmother's death.  Also, his stepmom's and stepsister's death from a house fire was approximately 3 weeks later.  He is still in and out of mental health facilities dealing with such. 

3.  In an additional statement, the applicant stated that in addition to not receiving any discharge paperwork or information of how to appeal his discharge because of the wrong address noted in his service file, he would like to state that the deaths that took place within his family while he was in basic [combat] training (BCT) and AIT (advanced individual training) left him mentally destroyed.  He could not think or function properly.  Until this present date, he has been on mental health medication and in and out of mental health facilities and correctional institutions.  

4.  The loss of his younger brother and one month later of his grandmother followed by the deaths of his stepmother and stepsister, in a house fire, 3 months after his grandmother, left him mentally unable to cope with his situation.  This 


was his first time away from home and everything was happening too fast.  He requested leave from his home unit but was denied.  He states that all he 
requests is that his situation is considered and changed to a general or medical discharge.  He is trying to at least correct what he can in his life.  He asks and prays that the Board consider his request.  

5.  The applicant provides no additional documentation in support of his request.

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 record shows he enlisted in the United States Army Reserve (USAR) on 23 December 1985, for 8 years.  He was ordered to initial active duty for training on 6 February 1986, in military occupational specialty (MOS), 91L, Occupational Therapy Specialist.  He was scheduled to attend BCT and AIT at Fort Sam Houston, Texas. 

3.  The applicant departed absent without leave (AWOL) on 5 June 1986 while attending AIT at Fort Sam Houston, Texas.

4.  Item 21, of the applicant's DA Form 2-1 (Personnel Qualification Record-Part II), shows that he was AWOL from 5 June 1986 through 25 August 1986 (82 days).

5.  Charges were preferred against the applicant on 16 September 1986 for the AWOL offense.

6.  On 17 September 1986, the applicant consulted with counsel and voluntarily requested discharge, for the good of the service, in lieu of trial by court-martial, under the provisions of Army Regulation 635-200, chapter 10.  In doing so, he 

acknowledged that he might encounter substantial prejudice in civilian life and might be ineligible for many or all benefits administered by the Department of Veterans Affairs (DVA) if a discharge characterized as UOTHC were issued.  He waived his rights and elected not to submit a statement in his own behalf.

7.  On 24 September 1986, the separation authority approved the applicant's request for discharge and directed that he be furnished an UOTHC discharge.  

8.  The applicant was discharged on 28 October 1986.  He had a total of 6 months and 2 days of net active service.

9.  A review of several source documents in his military personnel file shows his address as "5--- NW (northwest) 182nd Street, Carol City, Florida  33056." 

10.  The applicant's records contain a copy of his DA Form 31 (Request and Authority for Leave), which was authenticated by the applicant, that shows he departed on Excess Leave on 17 September 1986 for an indefinite period.  Item 13 (Leave Address) of the DA Form 31, shows the entry "5--- NW 18th St Miami, Florida  33055."  Item 19 (Mailing Address after Separation), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), shows the same address. 

11.  The applicant’s medical records are unavailable for review.  A review of his records failed to show any documentation that he was mentally unbalanced or depressed while he served on active duty.  The applicant also did not provide any specific information or documentary evidence that he was in and out of mental health facilities and correctional institutions.  

12.  There is no evidence that the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within its 15-year statute of limitations.  

13.  Army Regulation 635-200 sets forth the basic authority for 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 at any time, after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.

14.  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.

15.  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, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.  

2.  The type of separation directed and the reasons for that separation appear to have been appropriate considering all the available facts of the case.

3.  The applicant has provided insufficient evidence to show that his discharge was unjust.  He also has not provided evidence sufficient to mitigate the character of his discharge.

4.  The applicant's medical records are unavailable for review.  His record does not contain any documentation, and the applicant submitted none, to show he was medically unfit while he was on active duty.  There is no evidence he was referred to either a medical or a physical evaluation board for an evaluation of his medical fitness.  As such, he could not have been separated due to a medical disability, with severance pay, or retired for disability reasons.  

5.  The applicant's contentions regarding the deaths in his family which left him mentally destroyed and unable to function properly were considered; however, they do not support an upgrade of his discharge.  He also provided no proof to show that these deaths occurred or contributed to his mental well being and or made him unable to function properly in society. 



6.  The applicant alleges, in effect, that he did not receive a copy of his discharge paperwork (DD Form 214) showing he received an UOTHC discharge or information on how to appeal his discharge, because the wrong address was noted in his service file.  The evidence shows that the address listed on the 
applicant's DA Form 31 is the same address listed in item 19, of his DD Form 214.  The address listed on his DA Form 31 and DD Form 214 are the same; 
however, different from the address listed on the source documents in his military personnel file.  It is apparent the applicant failed to review and verify the address typed in Item 13, of his DA Form 31, and assumed it was correct.  Therefore, it is presumed that the DD Form 214 was forwarded to this address and the applicant never received a copy.

7.  A review of the applicant's record failed to show any documentation that he was mentally unbalanced or depressed while he served on active duty.  He did not provide any specific information or documentary information evidence that he was in and out of mental health facilities and correctional institutions.  

8.  There is no evidence in the applicant's records, and the applicant has provided none, to show that he applied for an upgrade of his discharge to the ADRB within its 15-year statute of limitations.

9.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ___x____  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.



      __________x_____________
      		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.

ABCMR Record of Proceedings (cont)                                         AR20080006213



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ABCMR Record of Proceedings (cont)                                         AR20080006213



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