IN THE CASE OF:	

		BOARD DATE:	  2 June 2009

		DOCKET NUMBER:  AR20090002819 


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 reconsideration of his earlier appeal that his under other than honorable conditions discharge be upgraded to an honorable discharge.  

2.  The applicant states, in effect, when he was assigned to A Company, 6th Training Battalion, Fort Sill, Oklahoma, he had a severe fall causing damage to his brain that resulting in him having paranoid schizophrenia.  The applicant concludes that his spinal cord injuries are known at the Department of Veterans Affairs, Santa Barbara, California.

3.  The applicant provides no new documents in support of this case.

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 AR20070011325, on 31 January 2008.

2.  The applicant's contentions concerning his brain damage and paranoid schizophrenia are new arguments which will be considered by the Board.  

3.  The applicant enlisted in the Regular Army on 21 September 1981 for a 
3-year term of service.  He successfully completed basic training, but he did not successfully complete advanced individual training.
4.  A DD Form 458 (Charge Sheet), dated 27 October 1982, shows charges were preferred against the applicant for absenting himself without authority from his unit for the period 5 January 1982 through 20 October 1982.

5.  Following his return to military control, court-martial charges were preferred against him.  On 27 October 1982, after consulting with counsel, the applicant submitted a request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel).

6.  The applicant indicated in his request that he understood he could be discharged under other than honorable conditions, that he may be deprived of many or all Army benefits, that he may be ineligible for many or all benefits administered by the Veterans Administration, and that he may be deprived of his rights and benefits as a veteran under both Federal and State law.  He also acknowledged that he may expect to encounter substantial prejudice in civilian life because of an undesirable discharge.  He waived the right to provide statements on his own behalf.

7.  On 29 November 1982, the appropriate authority approved the applicant's request for discharge for the good of the service under the provisions of chapter 10 of Army Regulation 635-200.  He directed that the applicant be issued an Under Other Than Honorable Conditions Discharge Certificate.  On 7 December 1982, the applicant was discharged with a characterization of service of under other than honorable conditions.  The applicant had completed 4 months and 
29 days of creditable active service 288 days of lost due to AWOL.

8.  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.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. An under other than honorable conditions discharge is normally considered appropriate.

9.  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.

10.  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.8.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he had a severe fall, causing brain damage and resulting in him having paranoid schizophrenia.  However, there is no evidence and the applicant has not provided evidence that shows he suffered from damage to the brain or that any mental disorder was the cause of his problems while serving in the military.  

2.  The applicant's records show that he had one instance of a lengthy AWOL.  He had completed 4 months and 29 days of service on his 3-year term of service before his separation with a total of 288 days of lost time due to being AWOL.

3.  The applicant's administrative separation was accomplished in accordance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  There is no indication his separation was for anything other than misconduct.

4.  Based on the facts, the applicant’s service clearly did not meet the standard of acceptable conduct and performance of duty for Army personnel required for issuance of an honorable or a general discharge.

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 AR20070011352, dated 31 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)                                         AR20090002819





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ABCMR Record of Proceedings (cont)                                         AR20090002819



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