IN THE CASE OF:	 

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015510 


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 her under other than honorable conditions discharge to an honorable or a general discharge.

2.  The applicant states she believes she was born with medical Bipolar Depressive Disorder that without proper medication affects her reasoning and judgment.

3.  The applicant provides:

* VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 19 July 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a letter from Mental Health Mental Retardation of Tarrant County, Arlington, TX, dated 21 March 2011

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 1 August 1986.  She successfully completed basic combat training.

3.  She was attending advance individual training at Fort Devens, MA, when she went absent without leave (AWOL) on 20 March 1987.  On 18 April 1987, she was dropped from the rolls (DFR) of her organization.  She remained in a DFR status until she surrendered to military authorities at Newark, NJ on 29 April 1987.  She was returned to military control at the Personnel Control Facility, Fort Dix, NJ pending disposition of her AWOL/DFR offense.

4.  On 30 April 1987, she completed a FDCF Form 691A (Personnel Control Facility Interview Sheet) in which she stated she went AWOL because she was having problems with her drill sergeants.  She also completed a Medical Examination for Separation Statement of Option electing not to undergo a separation medical examination.

5.  On 1 May 1987, the applicant was notified that charges were pending against her for being AWOL.  She acknowledged receipt of the notification.  After consulting with counsel, she submitted a request for discharge 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.

6.  On 7 May 1987, the applicant's company commander recommended approval of her voluntary request for discharge with an entry-level discharge.

7.  On 15 May 1987, the appropriate separation authority approved the applicant's voluntary request for discharge under the provisions of Army Regulation 635-200, chapter 10.  He directed an entry-level separation with service uncharacterized.  On 8 June 1987, she was discharged accordingly.  She completed 8 months and 28 days of creditable active service.  Item 24 (Character of Service) of her DD Form 214 shows the entry "uncharacterized."

8.  A review of the available record does not show the applicant was diagnosed with a medical Bipolar Depressive Disorder while she was in the Army.

9.  There is no evidence the applicant appealed to the Army Discharge Review Board for an upgrade of her discharge within that board's 15-year statute of limitations.

10.  The applicant submits a VA Form 21-4138 stating:

* she needs further education for a better job
* she would like to become a pharmacy technician and eventually a pharmacist
* she underwent severe stress as a child with her father and grew up in a very physical and emotionally abusive household, which she believes led to her Bipolar Type II condition
* she has made wrong decisions in her life and leaving the military under the conditions that she did was one of them
* she is learning to better her life with therapy and medication

11.  The applicant also submits a letter from a staff psychiatrist at the Mental Health Mental Retardation of Tarrant County, dated 21 March 2011.  The psychiatrist states the applicant is currently under his care and she is being treated for Bipolar Disorder Type II.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

	b.  A discharge under other than honorable conditions normally is appropriate for a Soldier who is discharged for the good of the service.  However, the separation authority may direct a general discharge certificate, if such is merited by the Soldier's overall record during the current enlistment.  For Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be improper.  When characterization of service under other than honorable conditions is not warranted for a Soldier in entry-level status, the separation will be described as an entry-level separation.  (emphasis added)
	c.  Paragraph 3-7a states 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.

	d.  Paragraph 3-7b states 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.  

	e.  Paragraph 3-9a(1) states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.

	f.  Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days of active service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and her supporting evidence has been considered.

2.  The applicant's service is not characterized under other than honorable conditions as she contends; her service is uncharacterized as shown in item 24 of her DD Form 214.

3.  The available records show she went AWOL on 20 March 1987 and she remained absent until she surrendered to military authorities on 29 April 1987.  She submitted a request for discharge for the good of the service - in lieu of trial by court-martial.  The appropriate authority approved the request and directed that her character of service be uncharacterized.

4.  In accordance with the applicable regulation, a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have 

been preferred and must include the individual's admission of guilt.  A discharge under other than honorable conditions is normally considered appropriate.

5.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

6.  She has not shown an injustice in the character of her service.  The fact that she now desires to further her education is not a basis for granting her requested relief.  Therefore, she is not entitled to an honorable or a general 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)                                         AR20110015510



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ABCMR Record of Proceedings (cont)                                         AR20110015510



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