IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090011683
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 previous application to upgrade his bad conduct discharge to general or a medical.
2. The applicant states that the medical evidence provided supports that he had a medical condition with which the military failed to assist him with at the time of his discharge.
3. The applicant provides numerous medical documents from St. John Medical Center.
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 AR20080017155 on 5 May 2009.
2. On 9 June 1983, the applicant was discharged with a bad conduct discharge pursuant to his conviction by a special court-martial on 9 March 1981.
3. The medical documents provided by the applicant show that he was seen by the St. John Medical Center Behavioral Health Services on the following dates for the following conditions: 3 February 2004, personality disorder; 17 March 2004, paranoia; 14 April 2004, complaint of not sleeping; 25 May 2004, receipt of education materials regarding being diagnosed as bipolar; 7 June 2004, anxiety attacks; 28 October 2004, anxiety; 21 April 2004-30 March 2006, counseling and problem intervention sheet listing updates and intervention counseling; 30 September 2005, diagnosis/assessment; 10 January 2007, diagnosed as chronically mentally ill; 29 March 2007, diagnosed as bipolar; 30 March 2007, diagnosis/assessment; and 30 January 2006, diagnosed as bipolar.
4. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can non longer continue to reasonably perform because of physical disability incurred or aggravated in service. When a Soldier is being processed for separation for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until Soldier is scheduled for separation is an indication that the individual is fit.
DISCUSSION AND CONCLUSIONS:
1. The medical documents the applicant provided show that he has been seen by health behavioral personnel since 2004 concerning numerous mental issues, such as being diagnosed as bipolar, suffering with anxiety issues, and/or having a personality disorder.
2. However, these documents are dated 20 years after his discharge from the service. Absent evidence to the contrary, it is presumed the applicant was physically fit at the time of his March 1981 conviction by special court-martial and at the time of his bad conduct discharge on 9 June 1983. He has provided no evidence to indicate otherwise.
3. The applicant has not submitted any additional documentation which shows that the original Board's conclusion that his record of service is insufficiently meritorious to warrant a general or an honorable discharge" was in error.
4. Therefore, the overall merits of the case, including the applicant's medical documents, are insufficient as a basis for the Board to reverse its previous decision.
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 to amend the decision of the ABCMR set forth in Docket Number AR20080017155, dated 5 May 2009.
______________x___________
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) AR20090011683
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ABCMR Record of Proceedings (cont) AR20090011683
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