IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080011821
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, reconsideration of his previous request for upgrade of the character of his under other than honorable conditions (UOTHC) discharge because of mental problems and depression.
2. The applicant states, in effect, in his self authored statement, that while he was assigned to a four man room at Fort Hood, Texas, he was offered marijuana which he smoked but never purchased for personal use. He also states that while he was stationed in Germany he did not smoke marijuana, but upon his return to Texas, he was in a four man room and smoking was taking place in the room and he began to smoke again. He knew if he remained in that environment he would get into trouble, but he could not get away from those circumstances while assigned to Fort Hood and he believes the stressfulness of the situation may have contributed to his mental problems and the reason that he went absent without official leave (AWOL). He states that he told his commander that he wanted to be discharged but he was not told he would receive an UOTHC discharge. He closes by stating that he is still having mental problems and has been told he will always need to be on medication for his problem.
3. The applicant provides additional documentary evidence in support of this application which was not previously reviewed by the Army Board for Correction of Military Records (ABCMR); therefore, it is considered new evidence and as such warrants consideration by the Board. He submits 52 pages of medical reports from the Alamo City Medical Group; 23 pages of medical reports from the Texas Department of Mental Health and Mental Retardation, in support of this application; and four character reference statements.
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 AR2003091009, dated 29 January 2004.
2. The applicant submitted the following evidence that was not previously considered, therefore, it is considered new evidence and as such warrants consideration by the Board:
a. twenty three pages of medical reports from the Texas Department of Mental Health dated from 2 October 1987 to 20 January 1993, which show the applicant was diagnosed with and being treated for major depression.
b. fifty two pages of medical reports from the Alamo City Medical Group, dated from 20 August 2002 to 31 March 2008, which show the applicant was diagnosed with and was being treated for depression and an anxiety disorder.
3. The applicant also provides four character reference statements which indicates the applicant was not in the best of health when he was discharged from the military. In fact, the applicant has been sick since his discharge from active duty. The applicant is a dedicated worker, honest and responsible, but he suffers from depression and he needs assistance from the Veterans Administration.
4. In its original conclusions, the Board found that a board of officers determined the applicant was undesirable for further retention in the Army and deemed that rehabilitation was not possible. The evidence of record provided no indication that the applicant suffered from mental problems during his active duty service and the applicant failed to produce evidence that conclusively shows he suffered from mental illness while on active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contentions that his under other than honorable conditions discharge should be upgraded was carefully considered and found to be without merit.
2. The documentation the applicant submits as new evidence, which states that he was suffering from depression, does not show that that he was suffering from this disorder while he was in the Army, nor does it show that he sought help for this condition while on active duty. Thus, these documents do not provide a sufficiently mitigating basis to support an amendment of the original decisional document in this case.
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. As the applicant was informed in the original Board decisional document, 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 any new evidence or argument 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 to amend the decision of the ABCMR set forth in Docket Number AR2003091009, dated 29 January 2004.
_______ _ _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) AR20080011821
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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