IN THE CASE OF:	  

		BOARD DATE:	        13 JANUARY 2009

		DOCKET NUMBER:  AR20080014642 


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 military records be corrected to show that he was discharged under medical conditions.  

2.  The applicant states, in effect, that his military records should reflect that he was honorably discharged under medical conditions.  He also states that his discharge was requested by a psychiatrist at Dwight D. Eisenhower Medical Center, Fort Gordon, GA and that he was granted an honorable discharge while in basic training, but that his military records do not reflect a reason for his discharge.

3.  The applicant provides no additional evidence in support of this 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.  The applicant's military records show that he enlisted in the Regular Army on 17 July 1979 for a period of 3 years.  He entered one station unit training on 
23 July 1979.

3.  A Training and Doctrine Command (TRADOC) Form 871-R (Trainee Discharge Program [TDP] Counseling), dated 31 July 1979, essentially shows the applicant approached one of his drill sergeants on 30 July 1979 and informed him that he wanted out of the Army because of a nervous condition.  
The applicant indicated that he missed his family and did not think he could make it in the military.  This document also shows the applicant's drill sergeant indicated the applicant came into the military on the Delayed Entry Program, and that he was hired from a job making good money prior to entering active duty, and that he believed that was the applicant's main reason for wanting to get out of the military.  He also indicated that the applicant demonstrated a negative attitude, lacked motivation, did not work well with other members of his platoon, and that he was a bad influence on other members of his platoon.

4.  A second TRADOC Form 871-R, dated 31 July 1979, shows the applicant informed another drill sergeant that he still wanted out of the military, and that he did not care how he got out or what kind of discharge he received.  This drill sergeant also stated that the applicant displayed immense immaturity and a complete lack of self-discipline.  

5.  A TRADOC Form 871-R, dated 1 August 1979, shows the applicant's senior drill sergeant counseled him after he said his feet hurt and refused to go to training.  The senior drill sergeant also stated the applicant had been on sick call, he was seen by a doctor, and the doctor could not find anything wrong with him.  The applicant's senior drill sergeant recommended that the applicant be processed under the TDP.  

6.  A TRADOC Form 871-R, dated 6 August 1979, shows the applicant's platoon sergeant counseled him on a separate occasion concerning lack of motivation, lack of self-discipline, and his bad attitude.  The applicant’s platoon sergeant recommended that the applicant be eliminated from active duty to save time and money.



7.  A Standard Form 513 (Clinical Record – Consultation Sheet), dated 7 August 1979, essentially shows the applicant was diagnosed with a mixed personality disorder which existed prior to service, and that he should be expeditiously discharged from the Army.

8.  A TRADOC Form 871-R, dated 8 August 1979, essentially shows the applicant's commanding officer counseled him after he attempted to commit suicide the night prior.  This document also shows the applicant stated that he could not cope with the Army and wanted to go home.  The applicant was treated for bunions and fallen arches, but still claimed to have severe pain, even through the orthopedics stated that the applicant's condition did not warrant disposition through medical channels.  The applicant's nervous condition could not be substantiated, and that the applicant had ceased all efforts to adjust himself and did not possess the inner drive to become a Soldier.  

9.  In an undated letter, the applicant's commanding officer informed him that he was initiating action to discharge him from the United States Army because he could not or would not adapt socially or emotionally to military life.  He was also advised of his rights, and informed that if his discharge was approved, he would be furnished an Honorable Discharge Certificate.  The applicant acknowledged that he was advised of his rights.

10.  On 10 August 1979, the applicant acknowledged notification of his proposed honorable discharge from the United States Army, and that if he did not have sufficient prior service, he understood that due to non-completion of requisite active duty time, Veterans Administration, now called the Department of Veterans Affairs, and other benefits normally associated with completion of honorable active service would be affected.  He elected not to make a statement or submit a rebuttal in his own behalf.  He also indicated that he did not desire to have a separation medical examination if his discharge was approved.  

11.  On 15 August 1979, the proper separation authority approved the applicant's discharge under the provisions of paragraph 5-33 (TDP), Army Regulation 
635-200 (Enlisted Personnel), and directed that he be issued an Honorable Discharge Certificate.  On 21 August 1979, the applicant was discharged accordingly after completing only 1 month and 5 days of his 3-year enlistment. Item 9c (Authority and Reason) of his DD Form 214 (Report of Separation from Active Duty) essentially shows that he was discharged under the provisions of paragraph 5-33a, Army Regulation 635-200, and that he was issued a 



Separation Program Designator (SPD) code of JET.  Item 9e (Character of Service) of this same document has an entry of "Honorable," and item 9f (Type of Certificate Issued) shows he was issued a DD Form 256A (Honorable Discharge Certificate).  

12.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel from the Army.  Paragraph 5-33 of this regulation, in effect at the time, governed the TDP.  This program provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling.  This regulation essentially required that the service member must have voluntarily enlisted; must be in basic or advanced individual training, on the job training, or service school training prior to award of a military occupational specialty and must not have completed more than 
179 days of active on their current enlistment by the date of separation.  This regulation further provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of the DD Form 214.  For item 9c, it provided that the statutory and/or regulatory authority for separation plus the SPD would be entered.  For item 9e, it provided that authorized entries were "Honorable," "Under Honorable Conditions," "Under Other Than Honorable Conditions," and "Dishonorable."

14.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of 
administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was discharged under medical conditions.  


2.  The applicant's contention that his discharge was requested by a psychiatrist at Dwight D. Eisenhower Medical Center was considered.  However, the psychiatrist was just one of many who recommended that the applicant be discharged, and there is no evidence which shows the psychiatrist specifically recommended that the applicant be discharged due to medical conditions.  The evidence of record also clearly shows the applicant's condition did not warrant disposition through medical channels, and that he was discharged under the TDP because he could not or would not adapt socially or emotionally to military life.

3.  The applicant's discharge under the TDP is properly entered on his DD Form 214 in accordance with the version of Army Regulation 635-5 in effect at the time.  While the applicant contends that his military records should be corrected to show that he was discharged due to medical conditions, he was not in fact discharged through medical channels, or identified to have a medical condition that required processing through medical channels.

4.  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 evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

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.




      _______ ___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.

ABCMR Record of Proceedings (cont)                                         AR20080012230



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ABCMR Record of Proceedings (cont)                                         AR20080014642



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