BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20100000057 


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 that his general discharge under honorable conditions be upgraded to an honorable discharge.

2.  The applicant states that he had emotional problems prior to joining the Army from being in an abusive family and he was unable to respond to changes from his superiors.  He adds that he was receiving medical and psychological treatment and was on antidepressant medications when he was discharged for poor performance.  The applicant maintains that his chain of command did not take into account his medical and emotional problems prior to seeking a discharge.  He explains that he was young and immature at the time of his discharge, but he has since sought guidance and counseling from professionals and has his life on track.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), two supporting statements, a letter of recommendation, and three certificates. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows he enlisted in the Regular Army and entered active duty on 14 April 1987.  He was 17 years old at the time of his enlistment.  

3.  On 29 December 1988, the applicant underwent a mental status evaluation by a Medical Corps captain.  His behavior and thought content were listed as normal.  His thinking process was listed as confused and his memory was fair.  The psychiatrist stated that the applicant was experiencing an adjustment reaction to the reasonable demands of the military service and did not possess the essential character and emotional strengths necessary to be a continuously effective Soldier.  The psychiatrist said that the applicant was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in board proceedings.

4.  On 5 January 1989, the applicant underwent a medical examination.  Item 9, attempted suicide, is checked "Yes."  The applicant also indicates with a check in the "Yes" block that he has frequent trouble sleeping, depression or excessive worry, and nervous trouble of any sort.  The Medical Corps captain signed the form and in block 77 checked "is qualified for" separation. 

5.  On 23 February 1989, the company commander notified the applicant of his intent to recommend that he be discharged under the provisions of chapter 13, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) by reason of unsatisfactory performance.  The commander stated that he was recommending the applicant's elimination for failing to conform, late to formations, substandard personal appearance, and apathy.  He provided the following counseling statements to substantiate his recommendation.  

   a.  29 April 1988, initial counseling.
   
   b.  22 March 1988, counseled on dirty boots and haircut.
   
   c.  7 June 1988, monthly counseling for 1- 31 May 1988.  Applicant is waiting on a Medical Board for a medical discharge.  Personal problems make it impossible to be productive and most of the duty day is spent handling finances and problems.  The applicant has serious check writing problems and the chain of command is aware of those problems.
   d.  6 July 1988, monthly counseling for 1- 31 June 1988.  The applicant missed his second medical board due to family problems (permissive temporary duty (PTDY)).  Took care of four bad checks on PTDY, but another bad check appeared.  Discussed personal and financial matters, but most of his personal problems have yet to be resolved.
   
	e.  22 July 1988, missed 0600 Battalion Physical Training (PT) formation.

	f.  29 July 1988, monthly counseling 1-31 July 1988.  Substandard performance in everyday activities.  Missed a mandatory Battalion PT formation.  Applicant has not showed any improvement and is taking a lot of training time away due to personal problems.  

	g.  2 August 1988, substandard boot display.  

	h.  5 August 1988, missed the 1300 hours formation.

   i.  30 September 1988, monthly counseling 1-31 August 1988.  During the month of August applicant's job performance has been very poor.  Not progressing due to sick calls, appointments, or personal problems.  Missed the Battery's and Battalion's field training exercise due to profile.  Not recommended for promotion.

	j.  20 October 1988, monthly counseling 1- 30 September 1988.  Has not shown any improvement in areas previously pointed out.  More personal and other problems that interferes with the applicant's basic soldiering and job performance.  

	k.  30 November 1988, professional and performance evaluation:
* 
* Always has to be told to do something
* Has problems adapting
* Does not request schools
* Cannot handle pressure at all
* Does not always accomplish the mission
* Does not always make the right decisions

	l.  8 December 1988, responsibility of buying a car.

6.  On 23 February 1989, the applicant consulted with military counsel.  After being advised of the basis for the contemplated separation action, its effects and the rights available to him, he waived his right to have his case considered by a board of officers, a personal appearance before a board of officers, and to counsel.  He also elected not to submit statements on his behalf.  The applicant acknowledged that he could encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued.  

7.  On 1 March 1989, the appropriate authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 13 with a General Discharge Certificate.  

8.  The applicant's DD Form 214 shows he was issued a general discharge on
8 March 1989.  The applicant had completed 1 year, 10 months and 25 days of creditable active service.  

9.  A review of the applicant's medical records indicates that he was experiencing problems with his left knee and was placed on profile as a result of the knee pain.

10.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

11.  In a letter of recommendation, the General Manager of Mid-Tenn Travel Plaza stated the applicant was a reliable, conscientious vendor who produces excellent authentic products.

12.  The applicant provided two supporting statements that addressed his substance abuse and his recovery process.  The psychological specialist stated that the applicant suffered considerable emotional pain and physical deprivation to gain his growth.  He said as long as the applicant maintains his spiritual growth, he would likely be a responsible citizen.  The Director, Mens Residence Christian Care Center, stated that the applicant was enrolled in the four month in house substance abuse program.  He added that the applicant seemed sincere and was actively involved in the program.

13.  Certificate of attendance, dated 29 May 2003, was presented to the applicant in recognition of his participation in the healing process and learning skills to assist with management of his anger.  

14.  Certificate of graduation, dated 9 May 2003, shows that the applicant successfully completed the general and specific requirements for graduation from the Biblical Life Skills and was awarded a diploma.

15.  Certificate of Completion, dated 8 May 2003, shows that the applicant successfully completed the Nurturing Father's Program.

16.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.

17.  Army Regulation 635-200, 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 member’s 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 contends that his discharge should be upgraded because he was suffering from emotional problems prior to joining the Army.  He feels that his medical and emotional problems caused his problems in the military.

2.  Evidence of record confirms that all requirements of law and regulation were met and the applicant’s rights were fully protected throughout the separation process.  The record further shows the applicant’s discharge accurately reflects his overall record of service.  

3.  The applicant argues that he had medical and emotional problems that his chain of command failed to take into consideration.  It appears that the medical problems the applicant is referring to stems from problems with his left knee.  However, the applicant's separation proceedings verify that he was afforded the opportunity to present statements on his behalf, but declined to do so.  Additionally, the mental evaluation conducted at the time of the applicant's discharge confirms that he (applicant) had no significant mental illness.  The evaluation also confirms that the applicant was able to distinguish right from wrong and adhere to the right.  Additionally, the medical examination, completed by competent military medical authorities, determined that the applicant was qualified for separation.  In view of these facts, the applicant's contention that his medical and emotional problems led to his indiscipline is not sufficient as a basis to grant relief in this case.
4.  The applicant's argument that his discharge should be upgraded because he was young and immature at the time of his discharge and he has since got his life on track was considered.  However, good post-service conduct alone is not a basis for upgrading a discharge.  

5.  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.

6.  In view of the foregoing, 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)                                         AR20100000057





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ABCMR Record of Proceedings (cont)                                         AR20100000057



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