BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120020336 


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 general discharge to honorable.

2.  The applicant states:

* he served honorably during his tour of duty at Fort Carson, CO
* the sergeant in charge was an alcoholic and was always on him for one thing or another
* he was under a lot of pressure from the sergeant
* in December 1982, the sergeant got into an argument with a person who slit his throat and killed him
* he received divorce papers from his wife in November 1982
* he didn't want to believe she was divorcing him and he felt like he was losing his mind and could no longer function
* he was sent to see an Army psychiatrist 2 months before he was discharged

3.  The applicant provides:

* one character-reference letter
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 4 May 1982 for a period of 4 years.  He completed his training and was awarded military occupational specialty 13B (cannon crewmember).

3.  On 17 January 1983, he underwent a mental status evaluation and was diagnosed with an immature personality disorder.  The psychiatrist found him to be mentally responsible and he cleared the applicant for any administrative action deemed appropriate by his command.

4.  Discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13, for a personality disorder were initiated on 24 January 1983.  The unit commander recommended a general discharge due to his duty performance and cited:

* the applicant demonstrated an inability to adapt to the military way of life
* although his duty performance had been adequate, he had developed severe mental stress as a result of his inability to adapt
* he had been diagnosed with a personality disorder

5.  He consulted with counsel, waived his rights, acknowledged that he might encounter substantial prejudice in civilian life if he were issued a general discharge, and elected not to submit a statement in his own behalf.

6.  On 17 February 1983, the separation authority approved the recommendation and directed the issuance of a General Discharge Certificate.

7.  On 9 March 1983, he was accordingly discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder.  He completed 10 months and 6 days of creditable active service.

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

9.  He provides a character reference letter from a friend who attests:

* he has known the applicant for 20 years
* the applicant is a very good friend and nice person 

10.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for a personality disorder, not amounting to a disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that interferes with assignment to or performance of duty.  The regulation requires that the condition is a deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.  The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  The regulation states the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required.  Characterization of service under honorable conditions (general) may be awarded to a Soldier who has been convicted of an offense by a general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.

11.  Army Regulation 635-200, paragraph 3-9, prescribes that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status.  For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service.

12.  Army Regulation 635-200, 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.

DISCUSSION AND CONCLUSIONS:

1.  The separation authority approved the applicant's discharge for a personality disorder with the issuance of a General Discharge Certificate in 1983.

2.  The governing regulation states the service of a Soldier separated per paragraph 5-13 will be characterized as honorable unless an entry-level separation is required.  Characterization of service under honorable conditions (general) may be awarded to a Soldier who has been convicted of an offense by a general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.

3.  Since the applicant was not in an entry-level status at the time of his discharge and he had no court-martial convictions, it would be appropriate to correct his records to show he was honorably discharged on 9 March 1983 and to issue him an Honorable Discharge Certificate.

BOARD VOTE:

_x____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding his current DD Form 214 with an under honorable conditions (general) character of service;

	b.  issuing him a new DD Form 214 with an honorable character of service; and

	c.  issuing him an Honorable Discharge Certificate, dated 9 March 1983, in lieu of the General Discharge Certificate of the same date he currently holds.



      ___________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)                                         AR20120020336



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ABCMR Record of Proceedings (cont)                                         AR20120020336



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