IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20090019034
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 upgrade of his general under honorable conditions discharge to an honorable or a medical discharge.
2. The applicant states the following:
a. He has been diagnosed with schizophrenia and his drug abuse was a result of his disease.
b. He developed schizophrenia because of his Army service.
3. The applicant provides the following:
* progress notes prepared by a staff physician at the Atlanta Veterans Affairs Medical Center (VAMC)
* a copy of an Army Discharge Review Board (ADRB) Case Report and Directive, dated 25 April 2008, denying his request for upgrade of his discharge
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 May 2002. He was trained in and awarded military occupational specialty 21B (Combat Engineer).
2. The specific facts and circumstances surrounding the applicant's active duty discharge processing are not available for review. The evidence includes a
properly constituted DD Form 214 (Certificate for Release or Discharge from Active Duty) showing Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12c(2) as the authority for separation and misconduct as the narrative reason for separation.
3. The record is void of documentation showing the applicant was diagnosed with schizophrenia during his Army service.
4. The applicant's DD Form 214 shows he received a general under honorable conditions discharge for misconduct on 10 June 2004. He completed a total of
2 years, 1 month, and 10 days of creditable active service and he was discharged in the rank/grade of private (PV2)/E-2.
5. On 25 April 2008, the ADRB denied the applicant's petition to upgrade his discharge.
6. The VAMC progress notes provided by the applicant show he discussed his concern over one instance of marijuana use while in service.
7. Army Regulation 635-200 states the following:
a. Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service. First time drug offenders in the grade of sergeant and above, and all Soldiers with
three years or more of total military service, active and reserve, will be processed for separation upon discovery of a drug offense. All Soldiers must be processed for separation after a second offense. Paragraph 14-12c(2) simply says, "Abuse of illegal drugs is serious misconduct."
b. 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 members 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to upgrade of his general under honorable discharge to an honorable or a medical discharge was carefully considered and not supported by the evidence.
2. There is no evidence in the available records which shows the applicant requested and/or received medical treatment for a mental condition during his military service. In the absence of such evidence, there is no basis for changing his discharge to show he was discharged for medical reasons.
3. The evidence does include a properly constituted DD Form 214 showing he was discharged for abuse of illegal drugs. However, there is no evidence of record and the applicant has provided no evidence to show he was improperly discharged. In the absence of such evidence, there is no basis for granting the applicant's requested relief.
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) AR20090019034
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ABCMR Record of Proceedings (cont) AR20090019034
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