IN THE CASE OF:	   

		BOARD DATE:	  23 April 2014

		DOCKET NUMBER:  AR20130013908 


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 general discharge be upgraded to honorable.

2.  The applicant states:

	a.  during his tour of duty he received a general discharge for misconduct.  The reason for this misconduct was due to him being very young when he enlisted (17 years of age).  Due to this immaturity and lack of education in the realm of financial obligations, he became deeply in debt.  Due to this debt, his creditors were calling his detachment officer and speaking with his commanding officials.  His commanding officer at the time became greatly invested in his finances.  When it was suggested that he file bankruptcy to save not only his career but solve his financial issues, he was ordered not to file bankruptcy.  After awhile his commanding officer determined he should be removed from the Army and given a general discharge.  This was after his commanding officer had been advised to give him a different discharge that would have given him an honorable discharge. 

	b.  at no time did his commanding officer issue any other form of punishment before his separation aside from flagging him for promotion.  It was due to him following the orders given to him on what bills needed to be paid and that didn't allow for any form of punishment such as an Article 15.  Normally, for misconduct a Soldier will receive an Article 15 as a way to help guide the Soldier in his/her ability to rectify the situation and the gravity of the situation.  He was never given this and was told that he would not be separated from the service as long as he continued to do what was ordered.  He followed all orders given, and aside from the financial issues he was an excellent Solder who always received high marks in all testing, qualifications, and work conduct.  He never received any form of punishment or counseling for his work as a Soldier, only for financial issues conducted off duty.

	c.  he knows that it was ultimately his fault and the decisions he made that created his financial issues that led to his discharge and he takes full responsibility for those actions.  He believes if his commanding officer had taken the advisement given to her almost a year prior to give him a different discharge, he would have received an honorable discharge.

	d.  since this experience he has rectified all of his debts and maintains a perfect credit rating.  He works for the Federal Government in a law enforcement position.      

3.  The applicant provides no additional documentary evidence.  

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 was born on 20 March 1978.  He enlisted in the Regular Army on 9 July 1996 for a period of 4 years.  He completed his training and he was awarded military occupational specialty 73D (accounting specialist).

3.  On 5 September 1997, he was diagnosed with an antisocial personality disorder and the psychologist recommended he be separated for a personality disorder.

4.  On 12 August 1997, a psychologist determined he was experiencing an acute reaction to joining the military and that he was not very mature or responsible.

5.  A bar to reenlistment was imposed against him on 30 December 1997.
6.  He was counseled for:

* indebtedness
* failure to pay just debts
* financial problems
* traffic violations
* below average performance
* arrested for writing bad checks

7.  On 26 January 1998, he was diagnosed with an antisocial personality disorder and the psychologist recommended he be separated with a personality disorder.

8.  He was confined by military authorities on 23 February 1998 for outstanding traffic citations.  He was confined by civil authorities on 24 March 1998 for writing bad checks.

9.  On 21 April 1998, he was notified of his pending separation for patterns of misconduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b.  The unit commander cited his counseling statements for failure to pay his debts, failure to pay numerous traffic citations, incarceration for outstanding traffic fines, and arrest for writing bad checks.

10.  On 13 May 1998, the applicant's trial counsel requested that the separation action under paragraph 14-12b be disapproved and he be processed for separation under paragraph 5-13 (personality disorder) as recommended by medical personnel.  He points out the applicant was diagnosed with a personality disorder, the psychologist recommended he be separated under chapter 5-13, and no action was taken by the command. 

11.  The separation authority approved the recommendation for discharge for patterns of misconduct under the provisions of Army Regulation 635-200, paragraph 14-12b, and directed the issuance of a general discharge.

12.  On 26 June 1998, he was discharged accordingly.  He completed 1 year, 11 months, and 16 days of creditable active service with 2 days of lost time.

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



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

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (military or civilian offense), and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

	b.  Paragraph 5-13 at the time stated a Soldier could be separated for personality disorder (as determined by medical authority), not amounting to disability under Army Regulation 635-40, that interfered with assignment to or performance of duty.  The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  Commanders would not take action prescribed in this paragraph in lieu of disciplinary action.  The diagnosis must have concluded that the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired.  Separation for personality disorder was not appropriate when separation was warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15 of this regulation.

15.  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 applicant contends he was young and immature.  However, age is not a sufficiently mitigating factor.  He was 18 years of age (not 17) when he enlisted and successfully completed training.  There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed their military term of service.

2.  His contentions pertaining to an honorable discharge for personality disorder were noted.  However, the governing regulation separation for personality disorder was not appropriate when separation was warranted under chapter 14 of this regulation.  In addition, there is no evidence to show his personality disorder was so severe it impaired his ability to perform his military duties.

3.  His record of service included a bar to reenlistment, numerous adverse counseling statements, civilian incarceration, and one arrest by military police.  As a result, this record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.

4.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  

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

6.  In view of the foregoing, there is no basis for granting the applicant 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)                                         AR20130013908





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ABCMR Record of Proceedings (cont)                                         AR20130013908



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