IN THE CASE OF:	   

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001785 


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 his discharge.

2.  The applicant states he found out that a mental illness was the reason for his absence without leave (AWOL).  He was told at the time of the discharge he was in the beginning stage of bipolar disorder.

3.  The applicant provides copies of a medication consent form and a prescription. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 9 March 1993.  He completed training and progressed to pay grade pay grade E-3 and served normally until he went AWOL on 12 June 1995.

2.  A DD Form 458 (Charge Sheet) shows he was charged with being AWOL from 12 June 1995 to 29 April 1999 and from 2 May 1999 to 29 March 2007.

3.  The applicant consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial.  He stated he understood the charges against him and admitted he was guilty of at least one offense for which a punitive discharge was authorized.  He acknowledged he would receive a discharge under other than honorable conditions.  He also understood he would be deprived of many or all Army benefits and he might be ineligible for veterans' benefits administered by the Department of Veterans Affairs and that he could expect to encounter substantial prejudice in civilian life because of this discharge.

4.  The chain of command recommended approval and the separation approved the request and directed an under other than honorable conditions discharge.  

5.  On 27 July 2007 the applicant was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10 with an under other than honorable conditions discharge.  He had completed 2 years, 5 months, and 19 day of creditable service and 11 years, 10 months, and 28 days of lost time due to AWOL.

6.  On 31 August 2009, the Army Discharge Review Board denied the applicant's request to upgrade his discharge.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  It provides in:

   a.  Paragraph 3-7a 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.

   b.  Paragraph 3-7b 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 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.  There is no available evidence to show that the applicant had any mental health problems prior to his AWOL.  

2.  The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show he wished to avoid the court-martial and the punitive discharge that he might have received.

3.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

4.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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)                                         AR20120001785





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ABCMR Record of Proceedings (cont)                                         AR20120001785



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