IN THE CASE OF:	  

		BOARD DATE:	        16 APRIL 2009

		DOCKET NUMBER:  AR20090002897 


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 the Record of Proceedings of the Army Board for Correction of Military Records (ABCMR) Docket Number AR20080012371, boarded on 9 October 2008, be corrected to show:

	a.  that his reason for requesting correction of his characterization of service, Separation Program Designator (SPD) code, and reentry (RE) code was for the purpose of entering the Army National Guard, and not for establishing eligibility for other programs or benefits;

	b.  that he was a good recruit, and not that he demonstrated character and behavior characteristics not compatible with satisfactory continued service; and

	c.  that he was never hospitalized during his training.

2.  The applicant states that he respects the decision of the ABCMR in the previous Record of Proceedings, but wishes for the record to be clarified as described above.

3.  The applicant provides no additional evidence in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the applicant's previous case by the ABCMR in Docket Number AR20080012371, dated 9 October 2008.
2.  In the previous ABCMR proceedings, the applicant, who enlisted in the Regular Army on 23 April 1991, underwent a mental status evaluation at the Community Mental Health Services (CMHS), Fort Benning, Georgia at the request of his chain of command due to a significant psychiatric history.  This led to the applicant's discharge on 24 May 1991 under the provisions of chapter 11 (Entry Level Status Performance and Conduct), Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).  

3.  Item 6 of Discussion and Conclusions in the previous ABCMR Record of Proceedings stated that the ABCMR does not correct records for the purpose of establishing eligibility for other programs or benefits.  In the applicant's original application, he specifically mentioned that he would like to try and serve in the Army National Guard if possible, but it does not state that he was trying to establish eligibility for other programs or benefits.

4.  Item 1 of the Discussion and Conclusions in the previous ABCMR Record of Proceedings stated that the evidence of record shows that the applicant demonstrated character and behavior characteristics not compatible with satisfactory continued service.  The applicant believes that this is not true, and contends that he was a good recruit for the short time he was training.

5.  Item 2 of the Applicant's Request, Statement, and Evidence in the previous ABCMR Record of Proceedings stated, in part, that after disclosure, he was hospitalized and subsequently discharged.  The applicant contends that this is not true, and that after his disclosure, he was evaluated by CMHS and subsequently put on Charge of Quarters (CQ) duty until he was discharged.  In his application, he specifically stated that he had been hospitalized prior to enlisting in the Army.

6.  Army Regulation 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel.  Chapter 11 of this regulation sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in entry level status.  It states in pertinent part that when separation of a member in entry level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, the member normally will be separated per this chapter.  This 
separation policy applies to enlisted members of the Regular Army, who have completed no more than 180 days active duty on current enlistment by the date of separation, have demonstrated that they are not qualified for retention for one or more of the following reasons:  Cannot or will not adapt socially or emotionally 
to military life, cannot meet the minimum standards prescribed for successful 
completion of training because of lack of aptitude, ability, motivation or self-
discipline; have demonstrated character and behavior characteristics not compatible with satisfactory continued service; or failed to respond to counseling.

7.  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.  This 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 the Record of Proceedings of the ABCMR case in Docket Number AR20080012371, dated 9 October 2008, should be corrected to show:

	a.  that his reason for requesting correction of his characterization of service, SPD code and RE code was for the purpose of entering the Army National Guard, and not for establishing eligibility for other programs or benefits;

	b.  that he was a good recruit, and not that he demonstrated character and behavior characteristics not compatible with satisfactory continued service; and

	c.  that he was never hospitalized during his training.

2.  While the applicant stated in his original application that he would like to try and serve in the Army National Guard, if possible, he did not state that he was trying to establish eligibility for other programs or benefits.  In view of the foregoing, these proceedings will serve as correction to the previous ABCMR Record of Proceedings by showing that the purpose of his original application was to correct his DD Form 214 to try and possibly serve in the Army National Guard.

3.  While the applicant contends that he was a good recruit for the short time he was training, it is clear that the applicant was discharged under the provisions of chapter 11, Army Regulation 635-200 for character and behavior characteristics 
not compatible with satisfactory continued service, as evidenced by his 
significant psychiatric history.  As a result, there is no basis for correcting item 1 of the Discussion and Conclusions in the previous ABCMR Record of Proceedings.

4.  While the applicant was hospitalized for psychiatric issues prior to entering active duty, he was only evaluated by the CMHS, and there is no evidence that he was hospitalized while on active duty after disclosing his psychiatric history.  As a result, these proceedings will serve as correction to the previous ABCMR Record of Proceedings by showing that he was not hospitalized while on active duty.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, these proceedings will serve as the correction to ABCMR Docket Number AR20080012371, dated 9 October 2008, by showing that:

   a.  the purpose of his original application was to correct his DD Form 214 to allow him to try and possibly serve in the Army National Guard; and
   
   b.  he was not hospitalized while on active duty.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 1 of the Discussion and Conclusions of ABCMR Docket Number AR20080012371, dated 9 October 2008.



      ________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)                                         AR20090002897



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ABCMR Record of Proceedings (cont)                                         AR20090002897



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