IN THE CASE OF:
BOARD DATE: 6 July 2012
DOCKET NUMBER: AR20120000466
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 an upgrade of his discharge to honorable.
2. The applicant states he came back from Vietnam with post-traumatic stress disorder (PTSD) and could not adjust to regular military life. He went on leave and did not return.
3. The applicant provides no 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's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
3. The applicant enlisted in the Regular Army on 6 March 1970, completed training, and was awarded military occupational specialty 11E (Armor Crewman).
4. He served in Vietnam from 14 August 1970 through 17 July 1971 and was advanced to specialist four/E-4 on 29 June 1971.
5. The applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on 29 January 1971, for disobeying a lawful order from a commissioned officer.
6. The applicant was reported as absent without leave (AWOL) from 28 August 1971 through 6 October 1971 (84 days) and from 7 December 1971 through 31 May 1972 (177 days).
7. The available record does not contain any documentation related to the processing of the applicant's discharge.
8. The applicant was discharged under other than honorable conditions on 12 July 1972 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10. He completed 1 year, 10 months, and 12 days of creditable service and accrued 261 days of lost time. Only the second period of AWOL is documented on his DD Form 214.
9. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.
a. 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.
b. 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.
c. Chapter 10 provides 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.
DISCUSSION AND CONCLUSIONS:
1. The record does not contain and the applicant has not provided any evidence that he was or is suffering from PTSD or any other psychiatric, psychological, mental, or emotional problems.
2. Absent convincing evidence that he was so impaired by psychiatric, psychological, mental, or emotional problems at the time of the discharge that he could not both tell right from wrong and adhere to the right, a possible diagnosis of PTSD does nothing to demonstrate an error or an injustice in his discharge.
3. In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time. The type and character of the discharge is commensurate with his overall record.
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 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) AR20120000466
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ABCMR Record of Proceedings (cont) AR20120000466
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