IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120000312 


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, change of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged for medical reasons.

2.  The applicant states when the Army recruiter came to his mother and stepfather's house for their signatures authorizing his enlistment, they told the recruiter that he had been in a mental health hospital.  The recruiter said that was alright because it happened while he was a child.  The recruiter did not even ask why he was in the mental hospital.

	a.  While in basic combat training at Fort Jackson, SC, he was tormented everyday by the head drill sergeant.  It made him crazy.  When he went to the rifle range for qualification, one of the privates asked him what he shot.  When he told the private that he had shot "expert," the private hit him in the face.  He then tried to kill the private by swinging the rifle butt at his head.  He was taken to see the 1st lieutenant (1LT) where he was placed at attention.  When he was told to come to "at ease," the 1LT said if he was ever to go to war he wanted the applicant on his side.  He was then dismissed.  When he got outside, the head drill sergeant told him to drop and give him 50 pushups.  From the time he first stepped in front of the head drill sergeant, that man was on him every day.  It would have been different had he treated everyone as he was treated.  He started to drink and take drugs to handle what had happened to him.  He never did these things before going into the Army.  His mother and stepfather are now dead.
	b.  The applicant states he needs a quick response because he needs to get medical treatment at the Department of Veterans Affairs (VA).

3.  The applicant provides:

* DD Form 214
* Letter from the State of Louisiana, Department of Health and Hospitals, dated 30 March 2011
* Letter from a VA Vocational Rehabilitation Specialist, dated 27 December 2011
* Letter from the VA Medical Center, Tuscaloosa, AL, dated 28 December 2011 with approximately 100 pages of progress notes from 2008 to 2012
* Alabama Nondriver Identification issued in 2009

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 15 January 1980.  At the time he was 17 years and 2 months of age and he had completed 9 years of formal education.

3.  On 25 January 1980, the applicant commenced basic combat training at Fort Jackson.  He completed this training on or about 19 March 1980 and he was sent to Fort Gordon, GA for advanced individual training in military occupational specialty (MOS) 72E (Telecommunications Center Operator).

4.  On 18 April 1980, the applicant was counseled regarding his lack of typing ability.  He had been turned back three times in the second week of training.  He attended remedial typing for 2 weeks and he was still only qualified for the first week of typing.  He did not possess the manual dexterity needed to become a skilled typist as required by enlistment his MOS.  It was recommended the applicant be considered for another MOS.
5.  On 25 April 1980, the applicant was counseled again.  He agreed to a faculty board evaluation for reclassification into MOS 64C (Motor Transport Operator) or 94B (Food Service Specialist).

6.  On 3 June 1980, the applicant was again counseled regarding his training status.  He was informed he could not be reclassified because his aptitude scores were too low.

7.  On or about 3 June 1980, the commander initiated action to separate the applicant under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-33f(2), trainee discharge program (TDP).  The reasons cited were his failure to meet the minimum standards prescribed for successful completion of training because of a lack of aptitude, ability, motivation, or self-discipline.  The commander also cited the applicant could not or would not adapt socially or emotionally to military life.

8.  On 3 June 1980, the applicant acknowledged the TDP notification.  He did not desire to make a statement or submit any rebuttal in his own behalf.  He did not desire to have a separation medical examination.

9.  On 12 June 1980, the appropriate authority approved the applicant's separation under the TDP.  He directed the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-33f(2), with issuance of an Honorable Discharge Certificate.

10.  On 17 June 1980, the applicant was discharged accordingly.  He completed 5 months and 3 days of creditable active duty.  The DD Form 214 he was issued at the time shows the narrative reason for his separation as "Trainee Discharge Program (TDP) Marginal or nonproductive."

11.  The applicant's service medical records are not available for review.

12.  The medical records provided by the applicant from the VA show dates of care from 2005 to 2011.  Medical issues discussed in the VA letter and progress notes include the following (listed in no particular order):

* degenerative arthritis and disc disease and generalized osteoarthrosis
* substance abuse (alcohol and drugs)
* suicidal ideation after recent death of both parents
* flat foot and foot pain
* plantar fascial fibromatosis
* cramps
* self-inflicted gunshot wound to neck in 1995
* self-inflicted gunshot wound in 2008 to roof of mouth (bullet still in his head) while hallucinating on chantix
* depression and acute delirium 
* seizures and chronic schizoaffective disorder
* organic food disorder
* impaired fasting glucose
* hyperlipidemia
* chronic obstructive pulmonary disease

13.  The letter from a VA Vocational Rehabilitation Specialist, dated
27 December 2011, indicates the applicant was enrolled at the time in the vocational rehabilitation supported employment program and was in good standing.

14.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.  Paragraph 5-33 of this regulation, in effect at the time, governed the TDP.  This program provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling.  The regulation essentially requires that the service member must have voluntarily enlisted; must be in basic, advanced individual training, on the job, or service school training prior to award of a military occupational specialty and must not have completed more than 179 days of active duty on their current enlistment by the date of separation.  The regulation provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.

15.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that when a member is being separated by reason other than physical disability, his or her continued performance of assigned duty commensurate with his or her rank or grade until he or she is scheduled for separation or retirement creates a presumption that he or she is fit.  This presumption can be overcome only by clear and convincing evidence that he or she was unable to perform his or her duties for a period of time or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the reason for his discharge as medical.

2.  The evidence of record confirms the applicant failed to meet the minimum standards for successful completion of training.  Furthermore, his aptitude scores and abilities were such that he could not qualify for reclassification into another MOS.  Therefore, he was separated under the TDP.

3.  The record shows his separation processing was accomplished in accordance with the applicable regulations.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  He received an honorable characterization of service.

4.  The applicant's implied contention that his unsuccessful performance was due to a physical disability or mental defect is not supported by any evidence of record.

5.  While the medical evidence provided by the applicant clearly shows he suffers from physical and mental conditions, it does not sufficiently show that any of these conditions existed at the time of his service, or that they were the result of his military service.

6.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20120000312



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ABCMR Record of Proceedings (cont)                                         AR20120000312



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