IN THE CASE OF:	  

		BOARD DATE:	  29 October 2010

		DOCKET NUMBER:  AR20100013991 


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 an upgrade of his general discharge to an honorable discharge.

2.  The applicant states that his discharge should be upgraded because he experienced difficulties at the time due to personal problems that have since been corrected.  He contends the help he received at the time was not working for him and other avenues should have been available, but were not.  He states he has been working in corrections for over 20 years and deals with troubled youth.  He adds that he has health issues and needs medical benefits from the Department of Veterans Affairs (VA), but the nature of his discharge prevents him from receiving VA medical care and from securing government employment.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge for Active Duty) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 September 1989.

2.  On 11 May 1991, the applicant was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 
14-12c, for the commission of a serious offense, to include reckless driving, resisting apprehension, various traffic offenses, and unlawful possession and transportation of a fire arm.

3.  On 3 June 1991, the applicant was admitted to the 34th General Hospital in Augsburg, Germany, for evaluation and was discharged on 6 June 1991.  The examining psychologist stated that prior to his admission his command reported he was emotionally unstable and had reported suicide ideation to his peers.  The DA Form 3822-R (Mental Status Evaluation) reported the following:

* his recent completion of Track III, Army Alcohol and Drug Abuse Program
* since his discharge, he reported minimal contact with Alcoholic Anonymous (AA) or other mental health services
* he denied the use of alcohol
* he had not developed new coping mechanisms to replace previous style of self-medicating with alcohol when under stress
* several stressors, to include divorce and financial problems, had impinged on him and he lacked adaptive means to cope with them
* no evidence suggested the presence of a thought disorder or any other disease or disorder that would warrant disposition through medical channels
* he knows right from wrong and can adhere to the right if he so chooses
* the examining psychologist cleared him for administrative discharge

4.  On 7 June 1991, the applicant acknowledged receipt of the proposed action against him and consulted with legal counsel.  He was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and the effect of any action taken by him in waiving his rights.  Subsequent to receiving this counseling, the applicant completed his election of rights by waiving his right to have his case considered by an administrative separation board and he declined to submit statements in his own behalf.

5.  The appropriate separation authority approved the discharge and directed that the applicant receive a General Discharge Certificate.

6.  On 14 June 1991, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct for commission of a serious offense with an under honorable conditions (general) character of service.  The DD Form 214 he was issued at the time shows he held the rank/pay grade of private first class/E-3 and he had completed a total of 2 years, 1 month, and 16 days of active military service.

7.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Service Ribbon, Air Assault Badge, Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), Marksman Marksmanship Qualification Badge with Pistol Bar (9mm), Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Grenade Bar.

8.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, or absences without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally considered appropriate.

10.  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.  While it is commendable that the applicant has been successful post military, his achievements have no bearing on his active duty service.

2.  The evidence of record shows the applicant received a psychiatric evaluation and admitted that he had chosen to have minimal contact with AA or any other mental health services that he knew were available to help him with his problems.  He was cleared for any administrative action deemed appropriate by his command.  These factors most likely contributed to his receipt of a general under honorable conditions discharge rather than a discharge under other than honorable conditions which is normal for discharges for misconduct.

3.  The evidence of shows the applicant had a disciplinary record for reckless driving, resisting apprehension, various traffic offenses, and unlawful possession and transportation of a fire arm.  As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel.

4.  The applicant provides insufficient evidence to show his personal problems impaired his ability to serve or that he did not receive adequate medical attention. 
Therefore, he is not entitled to an honorable discharge.

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)                                         AR20100013991



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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