IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100006930 


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 his general discharge be upgraded to honorable. 

2.  The applicant states:

* He was undiagnosed and not medicated for Bipolar Disorder and Attention Deficient Disorder
* He has been under medical care now for some time and the difference in his behavior is 100 percent different than it was back in his youth
* He feels this mental illness led to the situation that caused his original discharge to be under honorable conditions (a general discharge)
* He did not know how to bring to light his illness and treatment
* He was embarrassed to admit he was sick
* He thought this was a lost cause and a black mark he would have to endure for life   

3.  The applicant provides:

* Letter, dated 19 December 2009, from a close friend (a mental health clinical nurse specialist)
* DD Form 214 (Report of Separation from Active Duty)
* Letter, dated 18 December 2009, licensed psychologist 




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 enlisted in the Regular Army on 24 December 1975 for a period of 3 years.  He successfully completed basic combat training.

3.  Between 2 April 1976 and 9 August 1976, the applicant was counseled on 
13 occasions for various infractions which included police of room, not reporting for detail, tampering with fire alarm, being disrespectful to class leader, missing morning formation, talking in formation, clowning around, emotional disturbance, and being disrespectful to a senior noncommissioned officer. 

4.  On 10 August 1976, the applicant underwent a mental status evaluation for possible disqualification from the Nuclear Surety Program.  He was found mentally responsible and there was no psychiatric disorder noted.  However, it was noted the applicant appeared to be immature and irresponsible.  He was psychiatrically cleared for any administrative action deemed appropriate by his command.  Continuation in the Nuclear Surety Program was questionable and it was recommended he be considered for disqualification from this type of duty.

5.  On 20 August 1976, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 5, paragraph 5-37, under the Expeditious Discharge Program.  The unit commander's reasons for his proposed action were the applicant's:

* Mental instability, immaturity, and his inability to adapt to the rigors of the military service
* 13 counseling sessions for unacceptable conduct

6.  The unit commander recommended the applicant receive a general discharge.
7.  On 20 August 1976, the applicant acknowledged notification of his proposed discharge, voluntarily consented to discharge from the Army, and elected not to make a statement in his own behalf.  He also acknowledged that he might expect to encounter substantial prejudice in civilian life if issued a general discharge and that he had been provided an opportunity to consult with counsel.

8.  On 27 August 1976, the separation authority approved the recommendation for separation and directed that the applicant be furnished a general discharge.

9.  Accordingly, the applicant was discharged on 3 September 1976 with a general discharge under the provisions of Army Regulation 635-200, paragraph 5-37, under the Expeditious Discharge Program for failure to maintain acceptable standards for retention.  He had served 9 months and 10 days of total active service.

10.  There is no evidence of record which shows the applicant was diagnosed with any mental condition prior to his discharge.

11.  In support of his claim, the applicant provided a letter, dated 18 December 2009, from a licensed psychologist.  He attests:

* The applicant has been receiving mental health treatment since 2004
* He was diagnosed with Bipolar I Disorder and Attention Hyperactivity Disorder (Predominately Inattentive Type)
* His current medications for these conditions include Ability, Lamotrigine, and Amphetamine Salt Combo. 

12.  The applicant also provided a letter, dated 19 December 2009, from a close friend (a mental health professional, a clinical nurse specialist).  She attests:

* she encouraged the applicant, along with his friends and family, to seek treatment for his unpredictable behavior
* The applicant saw a psychiatrist and other mental health providers regularly
* He has been accurately diagnosed with Bipolar Disorder and is taking medications 
* A remarkable change has taken place over the past 3 years
* Had he been diagnosed accurately years ago he could have been treated for his symptoms and behaviors
* There is every indication from his behavior and response to treatment now he could have pursued a successful career in the Army

13.  There is no evidence in the available records which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations.

14.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The pertinent paragraph in chapter 5 provided that members who had completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential may be discharged.  It provided for the expeditious elimination of substandard, nonproductive Soldiers before board or punitive action became necessary.  No member would be discharged under this program unless he/she voluntarily consented to the proposed discharge.  Issuance of an Honorable Discharge Certificate was predicated upon proper military behavior and proficient performance of duty during the member's current enlistment with due consideration for the member's age, length of service, grade and general aptitude.  A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge.

15.  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 or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he was suffering from Bipolar Disorder and Attention Deficient Disorder at the time of his discharge, there is no evidence of record and the applicant provided no evidence which shows he was diagnosed with any mental condition prior to his discharge.  He was found mentally responsible on 10 August 1976 by competent medical authorities.  It appears he is currently being treated for Bipolar I Disorder and Attention Hyperactivity Disorder (Predominately Inattentive Type).

2.  The applicant's separation under the Expeditious Discharge Program was voluntary and the evidence shows he voluntarily consented to the discharge.  He also acknowledged that he might expect to encounter substantial prejudice in civilian life if issued a general discharge.
3.  The applicant's brief record of service included 13 counseling sessions for unacceptable conduct.  As a result, his record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.

4.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  He had an opportunity to submit a statement in which he could have voiced his concerns and he failed to do so.

5.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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)                                         AR20100006930





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)