IN THE CASE OF:	  

		BOARD DATE:	 22 May 2012 

		DOCKET NUMBER:  AR20110022340 


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, in effect, the narrative reason for separation be changed from Trainee Discharge Program (TDP) to a regular or a medical discharge.

2.  The applicant states he was allergic to the dyes in the fatigues uniforms he was issued and unable to adjust.  He received a training discharge when his discharge should have been due to his allergies which would have been a regular or medical discharge.

3.  The applicant did not provide additional evidence.

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 10 April 1978.  He attended Basic Armor Training at Fort Knox, KY.  

3.  His record contains a Mental Health Care Services (MHCS) Recommendation to Training Commands form, dated 20 April 1978.  In this form an Army medical official stated, "the enlisted member has very definite social/emotional problems" on which the medical official would follow up.  "He appears quite depressed and has no motivation to remain in service."  He was scheduled to be tested further.

4.  His record contains a TDP counseling form, dated 26 April 1978.  This forms stated:

	a.  The applicant has not been motivated since he was assigned to his platoon.  [He] is having an extreme emotional maladjustment problem.  He has been counseled on several occasions and was very nervous.  He stated he wants out of the Army and would do anything to get out.  He has missed a lot of training because of sick call.

	b.  He has been counseled on his extreme emotional problem, self-discipline, cooperation with peers, and lack of attention to detail to no avail.  It was recommended he be sent to Mental Hygiene.

5.  His record contains an MHCS Recommendation to Training Commands form, dated 26 April 1978.  In this form an Army medical official stated, "the enlisted member should be considered for discharge and indicated a Mental Hygiene evaluation would soon follow, along with the necessary TDP paperwork.

6.  On 28 April 1978, his commander notified him of his intent to initiate a discharge action against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-33, for inability to adjust to a military environment, continually demonstrating the traits of a substandard Soldier, and failure to show any productive improvement despite the time and effort expended by his chain of command in counseling sessions.  His commander also informed him of his rights.  On this same day, the applicant acknowledged receipt of the notification.

7.  His record contains a Report of Mental Evaluation, dated 1 May 1978.  The medical official who authenticated the report stated:

	a.  The applicant was medically cleared to participate in board proceedings and that his military adjustment difficulties had been reviewed and it was appropriate to separate him from active duty. 

	b.  The medical official further stated, "the enlisted member is presently experiencing signs of social/emotional maladjustment to the military.  With his current level of functioning, poor attitude, and explosive personality, the prognosis is for a minimal adjustment to the military, even with counseling, appears extremely poor at this time."

8.  His record contains a memorandum, dated 2 May 1978, wherein his company commander stated "a TDP packet had been forwarded only after an extensive effort to bring [the applicant] around to military standards.  The enlisted member has been on sick call nine times out of nineteen training days for a rash, which encompasses most of his body.  The rash was determined by medical officials to be caused from a mental disorder.  The enlisted member also went to Mental Hygiene for tests.  Their professional opinion was that the rash was caused from a severe nervous problem.  With this man's problems, [the company commander] strongly recommend approval for discharge."

9.  His record contains a memorandum, dated 28 April 1978, wherein his battalion commander stated he had interviewed the service member and recommended he be discharged.  The battalion commander further stated:

* the applicant joined the Army to avoid direct contact with personal pressures at home only to find other emotional and mental stresses in the military
* the requirements or military training have created sufficient personal stress to result in medical problems (extensive body rash) for him
* he will not cooperate with his peers nor pay attention to instruction
* the battalion commander did not believe the applicant would ever complete training or become an adequate Soldier, rather that he would continue to be a mental and emotional problem for the Army or go absent without leave (AWOL)

10.  The separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-33 and directed he received an honorable discharge.  

11.  On 12 May 1978, he was discharged accordingly.  His DD Form 214 (Report of Separation from Active Duty) confirms he was discharged under the TDP for marginal or nonproductive performance in accordance with paragraph 5-33 of Army Regulation 635-200 with an honorable character of service.  This form further shows he completed 1 month and 7 days of net active service during this period of active duty.  The highest rank/grade he attained during his military service was private/E-1.

12.  Army Regulation 635-200, paragraph 5-33 (TDP ) in effect at the time, states that the TDP program provides that commanders may expeditiously separate members who lack the necessary motivation, discipline, ability, or aptitude to become a productive soldier when these individuals were voluntarily enlisted in the Regular Army, Army National Guard or United States Army Reserve are in basic combat training or basic training or in military occupational specialty training in advanced individual training, a service school or on the job training prior to the award of the MOS for which being trained and will have completed no more than 179 days active duty (AD) or initial active duty for training (IADT), on current enlistment by the date of separation, or have demonstrated that they are not qualified for retention because they cannot or will not adapt socially or emotionally to military life, cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline, have demonstrated character and behavior characteristics not compatible with satisfactory continued service, or do not meet enlisted standards by reason of disqualifying drug use.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have receive a medical or regular honorable discharge because he was allergic to the dyes in his fatigues and could not adjust to military life lacks merit.

2.  His chain of command counseled him several times because of his of lack of motivation and continued trips to sick call and then finally referred him to mental hygiene, who noted, among other things, that his rash was a result of mental stressors, there was no indication that he was diagnosed with an allergy to the dyes in his uniform.

3.  His chain of command and the mental/medical officials after extensive counseling sessions and medical/mental screening recommended that he be discharged in accordance with Army Regulation 635-200, paragraph 5-33.

4.  This recommendation was based on the fact that he lacked the necessary motivation, discipline, and ability to become a productive soldier.  He was in basic training/advanced individual training and had completed no more than 179 days active duty.  

5.  Additionally, he had demonstrated to his chain of command and the medical officials that he could not or would not adapt socially or emotionally to military life, could not meet the minimum standards prescribed for successful completion of training because of his lack of motivation, and demonstrated character/behavior characteristics which were not compatible with satisfactory continued service.
6.  There is no evidence nor has he provided evidence to show he was not properly and equitably discharged in accordance with the regulations in effect at the time and that all requirements of law and regulations were not met.  Therefore, he is not entitled to the requested relief.

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)                                         AR20110022340



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ABCMR Record of Proceedings (cont)                                         AR20110022340



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