IN THE CASE OF:
BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090005576
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 request for upgrade of his discharge under other than honorable conditions to general or honorable.
2. The applicant states that he has both remembered more and has also recently been awarded full veterans' benefits by the Department of Veterans Affairs (VA). The applicant contends that in his original request he feels he did not supply enough information. He had put most of his emphasis on the incident that happened at Fort Hood, Texas, and not enough on his reasoning, right or wrong. The punishment that was handed down from his superiors was correct. If he had known at the time that his mother would survive until February 1984, he would have opted to stay in the Army to finish his remaining 7 months of duty. He is living more of a Soldier's life today than when he served. His support for the troops is unwavering. He feels that his more than 2 years of good service should count for something. He did not commit murder, deal drugs, or harm anyone. He was absent without leave (AWOL) because he could not mentally cope with his mother's terminal illness. The applicant further states that he understands it is not the responsibility of the Board to forgive him leaving his unit without approval. He is just pleading for understanding by the Board. He is a proud member of the 1st Cavalry Division Association and the Association of the United States Army. His memberships allow him to spend some of his time on behalf of the troops, both living and fallen. In order to do this he would need a discharge under honorable conditions. He does not want to leave this Earth with his under other than honorable conditions discharge looming over his head. When he is honored at his military funeral, he would rather be honored as an honorably-discharged veteran.
3. The applicant provides copies of a VA Claims Decision (first page only), DD Form 214 (Certificate of Release or Discharge from Active Duty), his mother's death certificate, three certificates of achievements, a letter of congratulations, and a 1st Cavalry Division Association Certificate of Lifetime Membership in support of his application.
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 AR20080007904 on 29 July 2008.
2. The VA Claims Decision and the mother's death certificate are new documents that require Board consideration.
3. In the original case the applicant contended that his discharge should be upgraded based on his service prior to receiving nonjudicial punishment and the illness of his mother. However, these factors were found insufficiently mitigating to support the requested relief.
4. On 28 February 2009, the applicant was informed that for the purpose of receiving VA benefits his military service had been determined to have been under honorable conditions. It further stated that the VA decision did not change the character of service within the Service Department.
5. The certificate of death provided by the applicant shows that the person reported to be the applicant's mother had suffered cervical carcinoma (cancer) for a period of 3 years and had died as a result on 2 February 1984.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he went AWOL because he could not mentally cope with his mother's terminal illness. He requests that the Army upgrade his discharge based on the circumstances at the time and on the VA decision to grant him VA benefits.
2. The new evidence is insufficient to support an upgrade of the applicant's discharge. His argument, while adding more detail, is essentially the same as that considered in the original case.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 AR20080007904, dated 29 July 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.
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