IN THE CASE OF:	  

		BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120006871 


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 reconsideration of his previous application for an upgrade of his under other than honorable conditions discharge.  He now specifically requests that his under other than honorable conditions discharge be upgraded to a general discharge.

2.  He states, in effect, he was suffering from a severe mental disorder prior to discharge.  He was unaware of his condition and he was never diagnosed while he was serving.  Without proper medical intervention, the only relief for his mental health problem was to self-medicate.  He believes his behavior was a result of the lack of medical treatment and therapy.  He has provided medical documentation showing a history of homelessness from 1980 to the present.  His conditions include schizoaffective disorder and bipolar disorder.  He requests relief due to humanitarian reasons or compassion.  

3.  He states, in effect, his actions during his service and after would have changed with proper intervention and the right medication.  He is not stating he was right, just that he did not get the proper treatment.  With his condition in control he can finally see that he needs to obtain employment.  His discharge prevents him from doing so.  He asks that his discharge be upgraded to a general discharge based on a lack of psychiatric intervention.

4.  He provides medical records, a copy of the Record of Proceedings for Army Board for Correction of Military Records (ABCMR) Docket Number AR20100029245, and documents from his Army Military Human Resource Record.
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100029245, on 16 June 2011.

2.  The applicant has provides new evidence in the form of medical documents that were not previously considered and warrants consideration by the Board at this time.

3.  On 29 August 1980, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 76W (Petroleum Supply Specialist).  

4.  On 22 April 1981, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for wrongfully possessing marijuana.  He did not demand trial by court-martial, and he did not appeal the punishment.  (Note:  The DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) documenting the NJP indicates he committed the offense on 4 March 1980.  It appears an error was made in entering the year, and he actually committed the offense on 4 March 1981.)

5.  On 29 April 1982, he received NJP under the provisions of Article 15, UCMJ, for being absent without leave (AWOL) from 6 to 14 April 1982.

6.  Item 21 (Time Lost) of his DA Form 2-1 (Personnel Qualification Record) shows he was also AWOL during the following periods in 1982:

* 10 to 11 May 
* 13 May to 13 June 
* 21 to 27 June 
* 27 July to 29 September 

7.  The specific facts and circumstances surrounding his discharge processing are not available for review with this case.  However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows, on 19 November 1982, he was discharged for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  His service was characterized as under other than honorable conditions.  He completed 1 year, 10 months, and 27 days of active service with numerous periods of lost time.

8.  His complete medical service record is not available for review with this case.

9.  He provides medical records dating from 1994 to 2009.  These records show:

* a history of homelessness from the mid-1980s to the early 1990s
* a history of substance abuse
* he has been diagnosed with depressive disorder, schizoaffective disorder, and bipolar disorder

10.  There is no evidence he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

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

   a.  Chapter 10 of that regulation 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.
   
   b.  The regulation in effect at the time required that a request for discharge for the good of the service be accompanied by data that included a report of medical examination, if such an examination was requested by the member.  If the member requested a medical examination, the member was also required to undergo a mental status evaluation.  When appropriate, the request was also to be accompanied by a statement of any reasonable ground for belief that the member is, or was at the time of misconduct, mentally defective, deranged, or abnormal.  When appropriate, evaluation by a psychiatrist was to be included.

	c.  Paragraph 3-7b states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for an upgrade of his discharge.  

2.  The evidence of record shows he received NJP for possession of marijuana and being AWOL.  The record further shows he repeatedly went AWOL between May and September 1982, which constituted offenses punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial. 

3.  He contends he had an undiagnosed mental condition that caused his misconduct.  Although he has provided medical records showing he was diagnosed with various mental conditions in the years following his discharge, there is no evidence showing he suffered from these conditions while he was in the military.  

4.  The governing regulation required that Soldiers who submitted a voluntary request for discharge in lieu of trial by court-martial be given the opportunity to undergo a medical examination and mental status evaluation in conjunction with the voluntary request to be discharged for the good of the service.  In the absence of evidence showing otherwise, it must be presumed he was given this opportunity.  

5.  Further, if his commander or others involved in his discharge processing deemed it appropriate, his voluntary request for discharge was to be accompanied by a statement of any reasonable ground for belief that he was mentally defective, deranged, or abnormal.  In the absence of evidence showing otherwise, it must be presumed that no one observed behavior indicating any mental deficit or abnormality deemed appropriate to consider during his discharge processing. 

6.  In the absence of evidence to the contrary, it is presumed his separation processing was accomplished in accordance with the applicable regulations.  There is no indication of procedural errors that would have jeopardized his rights.  

7.  In light of the misconduct documented in his record, the type of discharge directed and the reason for separation were appropriate.  Based on his overall record, his service did not meet the standards of acceptable conduct for Army personnel.  Therefore, he is not entitled to 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 to amend the decision of the ABCMR set forth in Docket Number AR20100029245, dated 16 June 2011.



      _______ _   _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)                                         AR20120006871



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ABCMR Record of Proceedings (cont)                                         AR20120006871



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