BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130021899 


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 under other than honorable conditions (UOTHC) discharge.  He also requests his military medical records.

2.  The applicant states he feels his discharge should be upgraded because he had a mental disease and the Army didn't offer him any kind of treatment while he was on active duty.  He states that at the age of 10 he started hearing voices and seeing things that he didn't understand.  His parents took him to church and the minister told him that he was demon possessed, prayed, and anointed his head with oil/cross.  After he entered the Army he continued to hear voices and see animals talking to each other and cows trying to close in on him and suffocate him.  He tried to suppress everything and to function normally in the Army but it became too much.  He didn't really tell anybody for fear of being made an example of or ostracized.  After his discharge he admitted himself into a hospital for schizophrenia, anxiety disorder.  He has been in and out of hospitals and mental health clinics for treatment since being discharged.  He states that doctors have said the military aggravated his conditions and they got worse.  He has requested his medical records from all of the hospitals and mental health clinics and will provide them as soon as he receives them.  He states it has been difficult to maintain gainful employment with a UOTHC discharge.   

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Veterans Affairs (VA) Form 21-4138 (Statement of Support of Claim)
* statement of support
 
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 7 November 1984, the applicant enlisted in the Regular Army.  The highest rank he held was private first class/pay grade E-3.

3.  On 25 June 1986, court-martial charges were preferred against him for being AWOL from on or about 6 September 1985 to 22 June 1986.

4.  On 25 June 1986, he consulted with legal counsel and was advised of the basis for his contemplated trial by court-martial and the maximum possible punishment under the Uniform Code of Military Justice (UCMJ), of the possible effects of a UOTHC discharge, and of the procedures and rights available to him.

5.  Subsequent to receiving this legal counsel, he voluntarily requested discharge for the good of the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.

	a.  He acknowledged he understood he could request discharge for the good of the service because charges had been preferred against him under the UCMJ which authorized the imposition of a bad conduct or dishonorable discharge.  

	b.  He stated he was making the request of his own free will, he had not been subjected to any coercion whatsoever by any person, and he had been advised of the implications attached to his request.

	c.  He acknowledged that he understood the elements of the offense charged and he was guilty of the charge against him. 

	d.  He stated he did not desire further rehabilitation because he had no desire to perform further military service.

	e.  He acknowledged he understood that, if his request for discharge was accepted, he could be furnished a UOTHC discharge.  He acknowledged he had been advised of and understood the possible effects of a UOTHC discharge and that, as the result of the issuance of such a discharge he could be ineligible for many or all benefits administered by the VA, and that he could be deprived of his rights and benefits as a veteran under both Federal and State laws.  He acknowledged he understood he could expect to encounter substantial prejudice in civilian life due to the issuance of a UOTHC discharge.

	f.  He waived his rights and elected not to provide a statement in his own behalf.  

6.  On 2 July 1986, his commander recommended the applicant be discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service and that he be given a UOTHC discharge.

7.  On 16 July 1986, the separation authority approved his request to be discharged for the good of the service.

8.  On 23 July 1986, he was discharged accordingly.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation
635-200, chapter 10, for the good of the service, and his service was characterized as UOTHC.  It also shows he completed 1 year and 2 days of total creditable active military service with time lost from 7 October 1985 to 21 June 1986.

9.  His military record is void of any medical documentation with the exception of a Standard Form 88 (Report of Medical Examination) completed in connection with his enlistment in the Army.

10.  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.

11.  He provides a statement from his mother.  She stated she noticed during his teen years that he was constantly having outbursts of anger by fighting, talking back to teachers, and accusing others of talking about him and picking on him.  This behavior did not cease and he dropped out of school in the eighth grade.  However, he got his General Educational Development diploma.  Later due to drugs and alcohol he found himself on the other side of the law and because of his conviction, he could not keep a job to provide for his family.  When he did get a job he didn't want to submit to others and because he was very confrontational he would find himself in conflict with his boss or others resulting in him being jobless.  Because of this he starting selling drugs and later found himself in prison.  Later on he decided to reach out to see if something was wrong with him mentally and found out that he had a disease that contributed to him hearing voices, thinking everyone was out to get him, and contributing to his low self-esteem.

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

	a.  Chapter 10 of the regulation in effect at the time provided that a member who had 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 in lieu of trial by court-martial.  The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt.  Although an honorable or general discharge was authorized, a UOTHC discharge was normally considered appropriate.  A medical examination was not required at the time but could have been requested by the applicant.  A member who requested a medical examination would also have a mental-status evaluation before discharge.

	b.  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.  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's contentions and his mother's letter are noted.  However, the evidence does not support his request that his discharge be upgraded.

2.  He was charged with an extensive period of AWOL, an offense for which he could have been tried by court-martial and punished with a punitive discharge under the UCMJ.  

3.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.  He voluntarily, willingly, and in writing requested discharge from the Army in lieu of trial by court-martial.  In doing so, he waived his opportunity to appear before a court-martial.  He also admitted he was guilty of the offense for which he was charged.  All requirements of law and regulation were met, and his rights were fully protected throughout the separation process.

4.  Based on this record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.

5.  Though the applicant could have requested a medical examination which would have included a mental evaluation, there is no evidence that he did so.

6.  The ABCMR does not grant requests for upgrade of discharges solely for the purpose of improving the applicant's employment opportunities.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.

7.  The ABCMR is not an investigating agency, and therefore, is unable to assist the applicant in locating his military medical records with the exception of his entrance medical physical which is enclosed with this record of proceedings.

8.  In view of the foregoing, there is no basis for granting the applicant an honorable discharge or a general 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)                                         AR20130021899



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ABCMR Record of Proceedings (cont)                                         AR20130021899



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