IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110015452 


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 her discharge under other than honorable conditions be upgraded to a general discharge.

2.  She states she was unaware she had bipolar disorder since the age of 
15.  Her condition has caused her to make a lot of rash decisions throughout her life.  

3.  She also states, in effect, she needs her discharge upgraded so that she can receive the help she needs through the Department of Veterans Affairs (VA) Medical Center.   

4.  The applicant provides:

* Her DD Form 214 (Certificate of Release or Discharge from Active Duty)
* A letter and a medical treatment record for the period 24 August 2005 to 
   7 June 2010
* A VA Form 21-526 (Veteran’s Application for Compensation and/or Pension)
* A VA Form 21-4142 (Authorization and Consent to Release Information to the Department of Veterans Affairs (VA))

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.  She enlisted in the Regular Army on 20 June 1979 for a period of 4 years.  After the completion of basic and advanced individual training, she was awarded military occupational specialty 64C (Motor Transport Operator).  

3.  Her record shows the highest grade of rank she attained while serving on active duty was private/E-1.  Also, her record is void of significant recognitions and/or acts of valor. 

4.  A DA Form 2-1 (Personnel Qualification Record – Part II) contains the following information:

* She went absent without leave (AWOL) from 25 October to 28 November 1979
* She was subsequently dropped from the rolls as an Army deserter

5.   On 6 December 1979, she received a mental health status examination.  The examiner noted the applicant had been psychiatrically cleared for any administrative action deemed appropriate by her chain of command.

6.  On 10 December 1979, court-martial charges were preferred against her for being AWOL from on or about 25 October 1979 until on or about 28 November 1979.

7.  On 11 December 1979, she voluntarily requested discharge for the good of the service.  She acknowledged she understood the offense she was charged with and she was:

* making the request of her own free will
* guilty of the offense with which she was charged
* afforded the opportunity to speak with counsel prior to making this request
* advised she may be furnished an Under Other Than Honorable Conditions Discharge Certificate

8.  In addition, the applicant was advised she may expect to encounter substantial prejudice in civilian life because of an under other than honorable conditions discharge and she:

* would be deprived of many or all Army benefits
* may be ineligible for many or all VA benefits

9.  On 8 January 1980, the appropriate authority approved her request for discharge for the good of the service.  He directed the applicant be furnished an Under Other Than Honorable Conditions Discharge Certificate.

10.  On 15 January 1980, she was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) for conduct triable by court-martial.  She had completed 5 months and 22 days of net active service that was characterized as under other than honorable conditions.  She had 37 days of time lost.

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

12.  The applicant submitted a letter from her physician which states she had been dealing with bipolar disorder since the age of 16 years.  She had many manic episodes in her life which had caused her significant problems in her personal and professional life.  However, she was never formally diagnosed and did not receive treatment until August 2005.  The treatment record shows she underwent 29 treatments between the period 24 August 2005 and 7 June 2010.

13.  She also provided two VA forms which shows she applied for VA compensation for Bipolar Disorder II. 
 
14.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.  

	a.  Chapter 10 stated a member who was charged with 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 in lieu of trial by court-martial.  The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt.  Although an honorable or general discharge was authorized, an Under Other Than Honorable Conditions Discharge Certificate was normally furnished an individual who was discharged for the good of the service.

	b.  A general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

DISCUSSION AND CONCLUSIONS:

1.  She voluntarily requested discharge and admitted guilt to the offense for which she was charged.  She also acknowledged that she could receive an under other than honorable conditions discharge and that she may be ineligible for many or all Army benefits.  She also acknowledged that she had been advised and she understood she may be ineligible for many or all benefits administered by the VA.

2.  The applicant’s voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial was administratively correct and in conformance with applicable regulations.  

3.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The records contain no evidence of procedural or other errors that would have jeopardized her rights.

4.  The physician’s letter and the treatment record she submitted were noted.  However, there is no evidence her current medical condition has any bearing on the type of discharge and the reason for her separation over 30 years ago.

5.  She failed to complete the term of service she had contracted for and she had 
37 days time lost.  Therefore, her period of service is unsatisfactory.

6.  In view of the above, there is an insufficient basis to upgrade her properly issued discharge to general under honorable conditions.

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)                                         AR20110015452





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ABCMR Record of Proceedings (cont)                                         AR20110015452



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