BOARD DATE:	  27 September 2011

		DOCKET NUMBER:  AR20110005564 


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 undesirable discharge to an honorable discharge.

2.  The applicant states he suffered from post traumatic stress disorder (PTSD) at the time of his discharge.

3.  The applicant provides:

* a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States)
* his doctor's medical diagnoses and prescription listing slip

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 was inducted into the Army of the United States on 9 November 1970.  He was honorably discharged for the purpose of enlisting in the Regular Army.  On 17 November 1970, he enlisted in the Regular Army.  He was trained in and awarded military occupational specialty 68E (Aircraft and Propeller Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 18 August 1971 through 18 August 1972.

	b.  Item 33 (Appointments and Reductions) he was advanced to specialist four (SP4)/E-4) on 20 May 1971, which was the highest rank/grade he attained during his service.  However, he was reduced to private first class (PFC/E-3 on
6 November 1972.

	c.  Item 44 (Time Lost Under Section 972, Title 10, U.S. Code, and Subsequent to Normal Date Expiration Term of Service) he was reported absent without leave (AWOL) and/or dropped from the rolls (DFR) of his organization during the following periods totaling 107 days of time lost:

* 2 - 31 October 1971 (30 days - AWOL)
* 19 December 1972 - 16 January 1973 (29 days - AWOL)
* 17 January - 5 March 1973 (48 days - DFR)

4.  The applicant's record does not include a separation packet containing the specific facts and circumstances surrounding his separation processing.  However, it does include a DD Form 214 that confirms he was discharged on 9 April 1973, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.  It also shows he completed 2 years, 1 month, and 14 days of total active service and he had accrued 107 days of lost time.  

5.  The available record is void of any medical treatment records, or documents that indicate he was ever treated for a disabling medical or mental condition during his period of service that would have warranted separation processing through medical channels.

6.  There is no evidence the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board's 15-year statute of limitations.  However, he included a DD Form 293 in conjunction with his application to this Board.

7.  The applicant provides a medical prescription from the Pathways Community Behavioral Healthcare, Incorporated dated 15 February 2011.  It lists his multiple diagnoses which include PTSD.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial charges were preferred,.  Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service.  Consulting counsel would advise the member concerning the elements of the offense or offenses charged, type of discharge normally given under the provisions of this chapter, the loss of Veterans Administration benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  An Undesirable Discharge Certificate would normally be furnished an individual who was discharged for the good of the Service.

9.  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.

10.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that his undesirable discharge should be upgraded to an honorable discharge because he suffered from PTSD was carefully considered.  However, there is no evidence available that shows the applicant suffered from PTSD or a disqualifying mental or physical condition during his period of military service.

2.  The applicant's record is void of the specific facts and circumstances surrounding his discharge.  It appears that he was charged with the commission of offense(s) punishable under the Uniform Code of Military Justice with a punitive discharge.  Discharges under the provisions of Army Regulation

635-200, chapter 10 are voluntary requests for discharge in lieu of trial by court-martial.  The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  In doing so, he admitted guilt and waived his opportunity to appear before a court-martial.  It is also presumed that all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects his overall record of service.

3.  Absent any evidence of error or injustice related to the applicant's discharge processing, there is an insufficient evidentiary basis to support an upgrade of his discharge at this late date.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x___  ____x____  ___x____  DENY APPLICATION

OARD 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)                                         AR20110005564



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ABCMR Record of Proceedings (cont)                                         AR20110005564



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