IN THE CASE OF:	  

		BOARD DATE:	  28 August 2014

		DOCKET NUMBER:  AR20140000063 


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 reconsideration of his earlier request for an upgrade of his discharge under other than honorable conditions to an honorable discharge.

2.  The applicant states:

* he served in the Army from 3 November 1977 to 30 July 1984 with elite units of the Airborne Corps in Italy and Panama
* he received awards, decorations, and badges
* he achieved the rank/grade of sergeant/E-5
* he was proud to wear the uniform and be an airborne Soldier
* he made mistakes at the end of his enlistment and he showed behavioral problems
* his command missed what was happening to him as he was in the early stages of schizophrenia and he suffered from bipolar disorder
* the Army was ill-equipped to deal with his affliction and he did not understand what was happening
* he was not given the opportunity to address counsel regarding his nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ)
* in order for the Army to discharge a Soldier, counsel must be conferred with by the Soldier
* a pattern was clearly pointed out by his Article 15's and his command refused to help him even though he was a highly-trained and skilled Soldier
* at no time was he absent without leave (AWOL) for over a 180-day period
* in order for the Army to discharge him under other than honorable conditions, a bar to reenlistment should have been imposed and there is no such paperwork
* the Army tossed away a highly-trained Soldier and railroaded him without a chance to defend himself according to the UCMJ
* he is clinically not right, taking medication to keep right, and he would have been able to fulfill his service obligation if the Army had known
* he fulfilled his first term of enlistment and his active duty time was only 5 months from his expiration term of service
* he is attending heating ventilation and air conditioning school in Osceola County, FL, and trying to move forward in life

3.  The applicant provides:

* the first page of two letters from the Department of Veterans Affairs (VA)
* Park Place Behavioral Healthcare Client Face Sheet
* four DA Forms 2627 (Record of Proceedings Under Article 15, UCMJ)
* three copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 2-1 (Personnel Qualification Record – Part II)
* DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120021469 on 13 June 2013.

2.  The applicant provides new arguments that warrant consideration by the Board.

3.  The applicant enlisted in the Regular Army on 3 November 1977.  He completed training as an indirect fire infantryman and parachute training.  He was assigned in Italy and later in Panama.

4.  On 15 October 1981, he was honorably discharged for the purpose of immediate reenlistment.  On 16 October 1981, he reenlisted.  He was promoted to sergeant (SGT)/E-5 on 2 October 1982.



5.  The applicant accepted nonjudicial punishment as follows:

* on 26 December 1978, for possessing and mailing 9.5 grams of marijuana in the hashish form through military channels between 1 October 1978 and 30 October 1978
* on 10 November 1983, for dereliction of duty
* on 12 December 1983, for stealing five jeep tires on or about 8 October 1983
* on 4 January 1984, for failing to go at the time prescribed to his appointed place of duty on or about 25 December 1983 and on or about 28 December 1983
* on 21 February 1984, for failing to go at the time prescribed to his appointed place of duty on or about 19 December 1983 and on 2 December 1983
* on 20 July 1984, for being AWOL on or about 12 June 1984 until on or about 24 June 1984 and failing to go at the time prescribed to his appointed place of duty on or about 13 July 1984 and on or about 16 July 1984

6.  The applicant's DA Forms 2627 show he was advised of his right to appeal.

7.  His discharge package is not contained in the available records.

8.  On 30 July 1984, the applicant was discharged under other than honorable conditions by reason of misconduct – commission of a serious offense.  His DD Form 214 shows the separation authority as Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c.

9.  His DD Form 214 also shows in:

* item 12c (Net Active Service This Period) – 6 years, 8 months, and 28 days of net active service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the –

* Army Service Ribbon
* Overseas Service Ribbon
* Noncommissioned Officer Professional Development Ribbon
* Expert Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle and Recoilless Rifle Bars

10.  The applicant provided the first page of two letters from the VA, dated 12 July 2013 and 26 November 2013, regarding the Veterans Retraining Assistance Program and eligibility.

11.  The applicant also provided a Client Face Sheet from Park Place Behavioral Healthcare that shows deferred diagnoses of bipolar I disorder and paranoid schizophrenia in March 2013.

12.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year period of eligibility.

13.  His records are void of and he did not provide any medical documentation showing he was diagnosed with schizophrenia or bipolar disorder while he was serving on active duty.

14.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), currently in effect, 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 included commission of a serious offense.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

	b.  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.

	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.

15.  Army Regulation 15-185 (Army Board for Correction of Military Records) provides policy and procedures under which this Board operates.  Paragraph 2-9 (Burden of Proof) states the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  Although he contended that his misconduct was due to early stages of schizophrenia and a bipolar disorder, there is insufficient evidence to support this contention and he failed to provide such evidence.

2.  He further argued that he should have had a bar to reenlistment in order to receive a discharge under other than honorable conditions.  His record of service reveals he had an extensive history of misconduct that included possessing and mailing marijuana, dereliction of duty, stealing from another Soldier, being AWOL, and multiple instances of failing to go to his appointed place of duty.

3.  Commanders have the authority to exercise their own judgment in determining whether they feel a Soldier will develop sufficiently or if retention would have an adverse impact on military discipline, good order, and morale.

4.  Although his discharge packet is not available for review, there is no evidence of record and the applicant has not provided any evidence to show he was not properly and equitably discharged in accordance with the regulations in effect at the time.  His discharge was appropriate because the quality of his service was not consistent with the Army standards of acceptable personal conduct and performance of duty by military personnel.

5.  In view of the foregoing, he is not entitled to 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 the overall merits of this case are 


insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120021469, dated 13 June 2013.



      ___________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)                                         AR20140000063



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ABCMR Record of Proceedings (cont)                                         AR20140000063



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