IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090009453 


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 character of his service be changed from under other than honorable conditions to show that he was issued a general discharge due a physical disability.

2.  The applicant states that he had psychiatric problems that impaired his ability to serve.  He states that he should have been discharged through medical channels because he was not medically qualified to serve.

3.  The applicant provides a copy of a reply to his commander’s request for a Line of Duty (LOD) Investigation dated 12 December 2006; a Paris Region Medical Center Admission Sheet; a DA Form 2173 (Statement of Medical Examination and Duty Status); an Emergency Department Neurological Nursing Assessment; an Emergency Physician Record; a Patient Teaching Instructions; an Initial Assessment Form; and a General Conditions of Treatment Form, dated 30 August 2006.

CONSIDERATION OF EVIDENCE:

1.  The available records show the applicant enlisted in the United States Army Reserve (USAR) on 5 November 2002 with a projected expiration term of service of 4 November 2010.  He successfully completed his training as a construction equipment repairer.

2.  The applicant was assigned to the 0285th Engineer Company, Baton Rouge, Louisiana, on 21 May 2006, when Department of the Army Headquarters, 90th Regional Readiness Command published Orders 06-141-00011 involuntarily reassigning him to the 0952nd Engineer Company, within the same command.  Additional instructions on the orders read “Citizen Warrior MSG 2003-01, consolidated planning guidance in support of the Global War on Terrorism (GWOT), para G1, 5.  Soldier involuntarily reassigned to 0953 EN CO (WRY9AA), 0090 RRC.”

3.  On 30 August 2006, the applicant was examined, assessed, and evaluated as an outpatient at the Paris Regional Medical Center, Paris, Texas, for suicidal ideations.  According to the medical documentation that he submitted, during his assessment he stated that he wanted to kill himself and that he had been self medicating with “weed.”  He stated that he tried to hang himself twice in the past, once in 2002 and another time in 2004 and that on the previous Saturday he took eight “lortabs” (a brand name for the drug combination of hydrocodone and acetaminophen).  He denied hearing voices but stated that he was having visions/dreams of killing his platoon leader and himself after his platoon leader “got on him.”  He stated that he wanted help to control his feelings.  The applicant’s medical records show that he was stable when he was released to military custody with suicide precautions.  His medical documents also show that he had been diagnosed as bipolar when he was in Baton Rouge, Louisiana.  His clinical impression at the time of his release was depression with suicide ideations and his condition was stable.

4.  On 14 September 2006, the applicant was involuntarily reassigned to the 90th Regional Readiness Command (Trainees, Transients, Holdees and Students (TTHS)) Account for the convenience of the government.  On 10 April 2008, he was reassigned to the 90th Regional Readiness Command (Area 51).

5.  The facts and circumstances surrounding the applicant’s discharge are not available.  However, the available records show he was discharged from the USAR under other than honorable conditions, on 23 July 2008, under the provisions of Army Regulation 135-178, in the pay grade of E-1.

6.  Army Regulation 135-178 provides for the separation of enlisted personnel of the Army Reserve and Army National Guard.  In pertinent part, it states that the honorable characterization of service is appropriate when the quality of the Soldier’s service generally meets the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  A general discharge is warranted when significant negative aspects of the Soldier's conduct or performance outweighs positive aspects of the Soldier's military record.  


7.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The 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 his under other than honorable conditions discharge should be changed to show he was issued a general discharge due a physical disability.

2.  The applicant’s contentions have been considered.  The medical documentation that he submitted shows he was examined, assessed, and evaluated for suicidal ideations that he was having in 2006.  During his assessment, he admitted to trying to hang himself in 2002 and in 2004.  The medical records show that he was diagnosed with a bipolar disorder when he was in Baton Rouge, Louisiana, which was prior to his enlistment in the USAR. His condition, therefore, was not incurred in the LOD.

3.  Additionally, the applicant was not discharged from the USAR until 23 July 2008 and there is no evidence in the available records, nor has he provided any evidence, that shows he had a condition that was severe enough for him to be processed through medical channels at the time of his discharge.

4.  The available records show that he was discharged under other than honorable conditions and in the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

5.  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 for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20090009453



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009453



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1