IN THE CASE OF:	  

		BOARD DATE:  2 January 2014

		DOCKET NUMBER:  AR20130007644 


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 that his general discharge be upgraded to a fully honorable discharge.

2.  The applicant states he was discharged for unsatisfactory performance  and he was absent without leave (AWOL) twice, but he was suffering from mental illness and should have been medically discharged as he was in a psychiatric hospital.

3.  The applicant provides a copy of his Department of Veterans Affairs (VA) Rating Decision and a partial copy of his administrative discharge proceedings.

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 12 October 1982 for a period of 3 years and training as an infantryman.  He completed his one-station unit training at Fort Benning, Georgia and was transferred to Fort Campbell, Kentucky on 28 January 1983 for his first and only assignment.

3.  On 7 February 1983, he went AWOL and remained absent until he returned to military control on 26 February 1983 and was admitted to the psychiatric ward at Blanchfield Army Hospital. 

4.  He was released from the hospital on 11 March 1983 and again went AWOL until he was returned to military control on 24 March 1983 and was again admitted to the hospital psychiatric ward.

5.  On 8 April 1983, his commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He cited as the basis for his recommendation the applicant’s two AWOLs and his immature and apathetic attitude towards the military.  

6.  On 11 April 1983, after consulting with counsel, he waived his rights and elected not to submit a statement in his own behalf. 

7.  The complete facts and circumstances surrounding his administrative discharge are not present in the available records.  However, his records do contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he was discharged under honorable conditions on 15 April 1983 under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  He had served 5 months and 3 days of active service and had    31 days of lost time due to AWOL.

8.  There is no evidence in the available records to show that he applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

9.  The VA Rating Decision provided by the applicant with his application shows that he was granted 100% service-connected disability for anxiety and panic attacks disorder effective 2 March 2010.

10.  Army Regulation 635-200, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel for unsatisfactory performance and who were unsuitable for further military service.  An individual could be separated for unsatisfactory performance if it was determined that the member would not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  A discharge under honorable conditions was normally considered appropriate.

11.  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.  In the absence of evidence to the contrary, it must be presumed that the  applicant's administrative separation under the provisions of Army Regulation 635-200, chapter 13, was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant's rights.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

3.  The applicant's contentions have been noted; however, they are not sufficiently mitigating to warrant relief when compared to his overall undistinguished record of service during such a short period. 

4.  There is no evidence in the available records to show that he could not distinguish right from wrong or that he was diagnosed with an unfitting condition at the time.  His service simply did not rise to the level of a fully honorable discharge.

5.  Accordingly, there does not appear to be any basis to grant his request for an upgrade of his 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 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)                                         AR20130007644





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ABCMR Record of Proceedings (cont)                                         AR20130007644



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