BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120009369 


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 under other than honorable conditions to a general discharge.

2.  The applicant states:

* He suffered from major depression after 2 years of service
* He did not know what was wrong with him and no mental health services were offered
* He could have been diagnosed and treated or offered rehabilitation for the alcohol abuse
* Others received treatment and mental health services and he warranted the same
* His spiral downward began when he started to drink alcohol
* Every Article 15 he received was alcohol related
* As of today he has more than 12 years of sobriety
* He is a good husband and provider for his wife and children
* He has been employed with the same company for 12 years  

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Statement, dated 15 February 2012, from a doctor
* Letter, dated 15 May 2012 


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 1 April 1981 for a period of 
3 years.  He completed his training and he was awarded military occupational specialty 13B (cannon crewman).  

3.  In October 1982, nonjudicial punishment (NJP) was imposed against him for disobeying a lawful order.

4.  In March 1983, NJP was imposed against him for failure to repair. 

5.  Medical evidence shows he was diagnosed with alcohol abuse on 23 June 1983.

6.  In December 1983, NJP was imposed against him for being absent without leave (AWOL) (from 21 to 23 November 1983 and from 
1 to 9 December 1983).

7.  He was AWOL from 29 February to 23 April 1984.  On 2 May 1984, court-martial charges were preferred against the applicant for this period of AWOL.

8.  On 2 May 1984, he consulted with counsel, and voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.  He acknowledged that by submitting his request for discharge he was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge.  He indicated in his request he understood he might be discharged under conditions other than honorable, he might be ineligible for many or all benefits administered by the Veterans Administration, he might be deprived of many or all Army benefits, and he might be ineligible for many or all benefits as a veteran under both Federal and State laws.  He acknowledged he might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions.  He elected not to make a statement in his own behalf.

9.  On 17 May 1984, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge.

10.  On 31 May 1984, he was discharged accordingly with an under other than honorable conditions discharge.  He completed 2 years, 11 months, and 27 days of creditable active service with 64 days of lost time.

11.  There is no evidence of record which shows he was diagnosed with any mental condition prior to discharge. 

12.  There is no evidence the applicant applied to the Army Discharge Review Board for upgrade of his discharge within that board's 15-year statute of limitations.

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

	a.  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.

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he suffered from depression while in the Army and he was not afforded any treatment.  However, there is no evidence of record and he 
provided no evidence which shows he was diagnosed with depression prior to his discharge.

2.  He contends he should have been afforded treatment for his alcohol abuse.  It is acknowledged he was diagnosed with alcohol abuse in June 1983.  Nevertheless, he could have taken steps to refer himself for alcohol abuse treatment while in the Army.

3.  His sobriety and post-service accomplishments are commendable.  However, good post-service conduct alone is normally not a basis for upgrading a discharge.

4.  His record of service included three NJPs and 64 days of lost time.  As a result, his record of service was not satisfactory.  Therefore, the applicant's record of service is insufficiently meritorious to warrant a general discharge.

5.  His voluntary request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations.  He had an opportunity to submit a statement in which he could have voiced his concerns and he elected not to do so.

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

7.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20120009369



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ABCMR Record of Proceedings (cont)                                         AR20120009369



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