IN THE CASE OF:	

		BOARD DATE:	  30 December 2008

		DOCKET NUMBER:  AR20080016736 


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 an earlier request that his undesirable discharge be upgraded.

2.  The applicant states, in effect, that his enlistment was a mistake because he had a mental condition and drug problem prior to his enlistment and that he needs his discharge upgraded for Department of Veterans Affairs (DVA) benefits.

3.  The applicant provides his social history from the Mental Health Institute in Cherokee, Iowa.

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 AR20070016387 on 24 January 2008.

2.  The applicant provided his social history, transcribed on 5 November 1981, from the Mental Health Institute in Cherokee, Iowa.  This medical record states, in pertinent part, that the applicant had a history of drug usage dating back to high school and that he was seen by a drug counselor in Cherokee in approximately 1975 on an outpatient basis.  The applicant contends that the date is incorrect and should read 1974 (prior to his enlistment).

3.  On 11 June 1974, the applicant underwent an enlistment physical examination and was found qualified for enlistment with a physical profile of "111111."  Item 42 (Psychiatric) of his Standard Form 88 (Report of Medical Examination), dated 11 June 1974, was rated normal.  Item 8 (Statement of Examinee’s Present Health and Medications Currently Used) on the applicant’s Standard Form 93 (Report of Medical History), dated 11 June 1974, shows he reported that he was in "good health."  The applicant reported "No" to item 16 (Have you ever been treated for a mental condition?) on this Standard Form 93.

4.  The applicant enlisted in the Regular Army on 15 August 1974 for a period of 3 years.  He successfully completed basic combat and advanced individual training in military occupational specialty 63F (recovery specialist).

5.  Between 25 November 1974 and 9 September 1975, nonjudicial punishment was imposed against the applicant on four occasions for three specifications of failing to go to his appointed place of duty at the prescribed time and possession of marijuana.

6.  Charges were preferred against the applicant for being absent without leave (AWOL) during the period of 8 October 1975 to 20 October 1975, for missing movement through design, for being disrespectful toward a superior commissioned officer, resisting apprehension, and for breaking restriction.

7.  On 10 November 1975, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10.  He indicated in his request that he understood that he could be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate, that he might be deprived of many or all Army benefits, that he might be ineligible for many or all benefits administered by the Veterans Administration, and that he might be deprived of his rights and benefits as a veteran under both Federal and State law.  He also acknowledged that he might encounter substantial prejudice in civilian life because of an undesirable discharge.  He elected not to submit a statement in his own behalf.

8.  On 1 December 1975, the separation authority approved the applicant’s request for discharge and directed that he be furnished an Undesirable Discharge Certificate.

9.  Accordingly, the applicant was discharged with an undesirable discharge on 11 December 1975 under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.  He had served a total of 1 year, 3 months, and 15 days of creditable active service with 12 days of lost time due to being AWOL.

10.  There is no evidence of record which shows the applicant was diagnosed with any mental condition or drug abuse or dependency prior to his discharge.

11.  On 5 September 1979, the Army Discharge Review Board denied the applicant’s request for a discharge upgrade.

12.  Army Regulation 635-200 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, 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.  At the time, an undesirable discharge was normally considered appropriate.

13.  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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.

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.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES):  
P-physical capacity or stamina, U-upper extremities, L-lower extremities, 
H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant’s contention that he had a mental condition prior to his enlistment.  Medical evidence of record, dated 11 June 1974, shows he was rated normal for "psychiatric" and he reported that he had never been treated for a mental condition.  He was also found qualified for enlistment with a physical profile of "111111."

2.  The applicant's contention pertaining to his drug problem prior to his enlistment and the social history provided by the applicant were noted.  However, there is no evidence of record which shows he was diagnosed with drug abuse or dependency prior to his enlistment or during his enlistment.

3.  A discharge is not upgraded for the purpose of obtaining DVA benefits.

4.  The applicant’s record of service included four nonjudicial punishments and 12 days of lost time.  As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge or a general discharge.

5.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial was administratively correct and in conformance with applicable regulations.  He had an opportunity to submit a statement in which he could have voiced his concerns and he failed to do so.

6.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the 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 to amend the decision of the ABCMR set forth in Docket Number AR20070016387, dated 24 January 2008.



      __________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)                                         AR20080016736



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ABCMR Record of Proceedings (cont)                                         AR20080016736



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