IN THE CASE OF:	  

		BOARD DATE:	    5 December 2013

		DOCKET NUMBER:  AR20130008401 


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 his under other than honorable conditions discharge be upgraded to honorable.

2.  He states while on active duty he was under psychiatric treatment.  During his active duty service his grandfather became very ill and he was denied leave to visit him on his death bed.  Therefore, he went absent without leave (AWOL).  He he had no other choice.  He did not return to duty because he was afraid of the consequences.  In October 2007 while still under psychiatric treatment, he surrendered to the military authorities.  Due to his continuous psychiatric treatment and being on suicide watch he was not mentally capable of signing documents relating to his court-martial and/or subsequent discharge from the Army.

3.  He provides:

* A self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Veterans Affairs (VA) documents
* Army Discharge Review Board (ADRB) Case Report and Directive 
* Psychiatric Medical Report
* DA Form 638 (Recommendation for Award) and numerous certificates
* DA Form 348 (Equipment Operator's Qualification Record)



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 June 1999.

2.  On 13 September 2007, charges were preferred against him for being AWOL from 3 November 2000 to 31 August 2007.

3.  On 13 September 2007, he consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of chapter 10, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).

4.  In his voluntary request for discharge, he indicated he was making the request of his own free will and had not been subjected to coercion whatsoever by any person.  He understood if his request were accepted he could receive a discharge under other than honorable conditions and that by submitting his request he was admitting he was guilty of the charges against him.  He further acknowledged he understood if he received a discharge under other than honorable conditions, he could be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the VA, he could be deprived of his rights and benefits as a veteran under both Federal and State laws, and he could encounter substantial prejudice in civilian life.  The applicant elected not to provide a statement on his behalf.

5.  On 19 October 2007, the appropriate authority approved his request and directed the issuance of a discharge under other than honorable conditions.

6.  On 9 November 2007, he was discharged accordingly.  His DD Form 214 shows he received an under other than honorable conditions character of service.  It also shows he completed 1 year, 6 months, and 24 days of net active service during this period with lost time from 3 November 2000 to 30 August 2007.

7.  On 12 April 2012, he appealed to the ADRB for an upgrade of his discharge.  On 12 February 2013, after careful consideration of his military records and all other available evidence, the ADRB determined he was properly and equitably discharged.  The board denied his request for a discharge upgrade.

8.  He provides a certificate showing he was awarded the Army Commendation Medal; two certificates showing he successfully completed the National Safety Council's Defensive Driving Course II and a Five-Day Combat Life Saver Course; a Certificate of Appreciation; and a Certificate of Affiliation.  Additionally, he provides a Psychiatric Medical Report which is in Spanish, but it shows he was seen on 28 October 2002 in San Juan, Puerto Rico.  The report indicates that the first sign of the applicant's illness was in 2002.

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

	a.  Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial charges were preferred.  Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service.  Consulting counsel would advise the member concerning the elements of the offense or offenses charged, the type of discharge normally given under the provisions of this chapter, the loss of VA benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  Although an honorable or general discharge was authorized, a discharge under other than honorable conditions was normally considered appropriate.

	b.  Paragraph 3-7a provides 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.

	c.  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 that his mental illness influenced his behavior.  There is no evidence and he has not provided any evidence to show he had a mental health condition that caused his misconduct, or that he sought counseling/ medical treatment to correct his problem during his military service.  Therefore, this contention is not supported by the available evidence.  He went AWOL in November 2000; the medical documents he provides show the first sign of his mental illness was in 2002.




2.  The evidence of record confirms that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. The record further shows he admitted he was guilty of being AWOL from 
3 November 2000 to 31 August 2007.  The record also shows he voluntarily requested separation for the good of the service under the provisions of chapter 10, Army Regulation 635-200 to avoid a trial by court-martial.

3.  His record of service included almost 7 years of lost time.  Based on this record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct rendered his service unsatisfactory.  Therefore, he is not entitled to a general or an honorable 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)                                         AR20130008401



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ABCMR Record of Proceedings (cont)                                         AR20130008401



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