IN THE CASE OF:	  .

		BOARD DATE:	       3 MARCH 2009

		DOCKET NUMBER:  AR20080019877 


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 that his under other than honorable conditions (UOTHC) discharge be upgraded to a general discharge.  

2.  The applicant states that his depression was due to various factors that occurred while he was on active duty and contributed greatly to the discharge he received.  

3.  The applicant provides a supplemental letter, his DD Form 214 (Certificate of Release or Discharge from Active Duty), and three letters of support.   

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 enlisted in the Regular Army on 26 February 1980 at the age 
of 17.  He completed basic combat training at Fort Dix, New Jersey and was reassigned to Aberdeen Proving Ground, MD for advanced individual training (AIT).  At the completion of AIT, he was awarded military occupational specialty 63F (Recovery Specialist).  His highest grade attained was private, E-2.  

3.  The applicant was assigned to Germany in July 1980.  

4.  His service personnel records contain an Absent Without Leave (AWOL) - Deserter Verification Sheet which shows he was AWOL from 5 January 1981 and was apprehended by civil authorities and returned to military control on 28 January 1987.

5.  The applicant's discharge packet is not available.  However, his DD Form 214 shows he was discharged on 23 April 1987 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service – in lieu of 
court-martial with the issuance of an UOTHC discharge.  He completed 1 year, 1 month, and 4 days of active military service with 2,212 days of lost time due to being AWOL.

6.  The applicant provided a statement in support of his application.  He stated, in effect, that he was put in the military by his ill father at age 17.  One week after he completed basic training, his father passed away.  He was given two weeks of leave after which he returned to basic training.  He has suffered from depression since the age of 5 when his parents divorced.  However, this event severely intensified his depression.  He was sent to Germany while he continued to struggle with depression and bipolar disorder.  On 30 October 1980, he sustained an injury and lost two-thirds of his right ring finger.  At this point, the mental stress was too extreme for him to begin to handle.  He stated he was never given adequate diagnoses or therapy.  He worked with a Chaplain for 12 weeks who said he would help him to get a discharge.  He was unable to make a good decision and needed medical intervention which was not afforded to him, so he went AWOL.  He believes that he should have received an honorable discharge or medical discharge.

7.  The applicant provided a statement from his mother, which was addressed to the "Veterans Administration" (VA).  She stated that her son [the applicant] began having problems when she and his father got divorced in 1969.  Over the years, he got progressively worse.  She discussed the applicant's mental health during basic training and the death of his father.  She also mentioned the applicant's injury sustained on 30 October 1980 and she described how he lost his ring finger on his right hand.  When the applicant came home for medical leave, he was deeply depressed and it was later discovered he had bipolar disorder.  In conclusion, she stated the applicant needs VA medical and financial benefits for which his time in the service qualifies him.  The applicant is currently disabled with a brain injury caused by a drunk driver.  

8.  The applicant provided a statement from his wife, which is also addressed to the VA.  She stated that the applicant's mental health is "out of control."  He is bipolar, depressed, and angry.  His mental health has gotten worse by the day.  She stated the applicant has been admitted to the Mental Health Unit for attempts of suicide numerous times.  She expressed that the applicant needs whatever benefits the VA can provide him.  

9.  The applicant also provided a statement from a friend, which is addressed to the VA.  He stated, in effect, that he realized the applicant had mental problems and he tried to help him.  The applicant moved out of his house and is currently living in a camper in his back yard.  He tried to contact the applicant on several occasions only to learn that he had been hospitalized because of the stress of life.  He expressed that the applicant needs immediate help via his VA benefits so he can get back on track with his life.  

10.  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 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 UOTHC 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 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.  

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 Soldier’s separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, there is no evidence of record to substantiate the applicant's claim that depression was a factor which contributed greatly to the discharge he received.  

2.  The applicant's service record shows he was AWOL for a total of 2,212 days.

3.  Although the applicant's discharge packet is not available, it is presumed the separation authority appropriately directed the issuance of an UOTHC discharge based on the applicant’s overall record of service and that the separation action was processed in accordance with the governing regulation.

4.  Based on this record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel.  This lost time also renders his service unsatisfactory.  Therefore, he is not entitled to either a general discharge or an honorable discharge.

5.  The applicant's letters of support were considered.  Unfortunately, these statements alone are insufficiently mitigating to warrant an upgrade in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.




      _______ _   _______   ___
               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)                                         AR20080019877



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ABCMR Record of Proceedings (cont)                                         AR20080019877



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