IN THE CASE OF: 

		BOARD DATE:	    4 February 2014

		DOCKET NUMBER:  AR20130009230 


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, in effect, correction of his record to show he was discharged for medical reasons.

2.  He states he did not complete basic combat training because he had a medical problem.  He was not absent without leave (AWOL).  The time he was under a doctor's care was listed as AWOL and he was also incarcerated.

3.  He provides no additional evidence in support of his request.

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.  On 30 September 1970, the applicant enlisted in the Regular Army for a period of 3 years.  He did not complete initial entry training.  
3.  Item 44 (Time Lost Under Section 973, Title 10, United States Code and Subsequent to Normal Date Expiration Term of Service) of his DA Form 20 (Enlisted Qualification Record) shows he was AWOL in 1971 from:

* 15 January to 12 February 
* 13 February to 20 July 
* 29 July to 3 August

This item also shows he was dropped from the rolls (DFR) during the period 4 August to 30 November 1971.

4.  A DA Form 188 (Extract Copy of Morning Report), dated 7 December 1971, shows the applicant voluntarily returned to military control on 1 December 1971.  

5.  The available records are void of documentation explaining the applicant's whereabouts or the circumstances of his life during the periods he was AWOL and DFR.

6.  The complete facts and circumstances of his discharge are not contained in the available records.  However, his records include a DD Form 214 showing he was discharged on 20 January 1972 for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).  He was assigned separation program number (SPN) "246" and his service was characterized as under conditions other than honorable.  

7.  His service medical records are not available for review, and the available records are void of documentation showing he had any medical conditions or that he was under a doctor's care while he was AWOL and DFR.

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

9.  Army Regulation 635-5-1 (SPN Codes), in effect at the time of the applicant's discharge, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPN code to be entered on the DD Form 214.  This regulation identified SPN code "246" as the appropriate code to assign Soldiers separated for the good of the service under the provisions of Army Regulation 635-200, Chapter 10.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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, type of discharge normally given under the provisions of this chapter, the loss of Veterans Administration benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  Chapter 10 also provided that an individual who submitted a request for discharge for the good of the service would undergo a medical examination as prescribed in Army Regulation 40-501 (Standards of Medical Fitness), chapter 10.  The report of medical examination was to accompany the request for discharge.  An undesirable discharge certificate would normally be furnished an individual who was discharged for the good of the service.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for correction of his record to show he was discharged for medical reasons.

2.  His record does not include the complete facts and circumstances surrounding his discharge.  However, the SPN code on his DD Form 214 confirms he was discharged for the good of the service under the provisions of Army Regulation 635-200, chapter 10.  

3.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.  The applicant is presumed to have voluntarily, willingly, and in writing requested discharge from the Army in lieu of trial by court-martial.  It is also presumed that all requirements of law and regulation – including a medical examination – were met, and his rights were fully protected throughout the separation process.

4.  The applicant claims he was under a doctor's care while he was listed as AWOL.  There is no evidence in his record that supports this claim and he has provided no such evidence.  It must be presumed that he underwent a required medical examination prior to his discharge and the examination did not reveal any medical reasons that would have prevented his voluntary discharge for the good of the service in lieu of trial by court-martial.  

5.  In the absence of documentary evidence showing error or injustice in his discharge, there is no basis for granting the requested relief.



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)                                         AR20130009230





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ABCMR Record of Proceedings (cont)                                         AR20130009230



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