IN THE CASE OF:  	  

		BOARD DATE:  23 September 2014  	  

		DOCKET NUMBER:  AR20140001289 


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 than honorable conditions discharge be upgraded to honorable.

2.  The applicant states the Army did not act appropriately upon finding out why he went absent without leave (AWOL).  He had medical issues and the Army refused to address those issues.  While on the firing range in basic training one of the recruits started firing his weapon on his own.  Some of them were on the bleachers waiting to fire their weapons and they all took cover because they felt like the recruit who was randomly firing his weapon would hit them with a stray bullet.  This was a mind-changing event for him.  He thought he would lose his mind.  Ever since then he has not been the same.  When they returned to the barracks the only thought he had in his head was he could have been killed.

3.  After completing basic and advanced individual training (AIT) he spent a week at home prior to going to his first duty station.  He still had the thoughts of the weapons being fired on the range in his head.  He could not get past that moment.  Every time they would have to draw weapons from the arms room he would go into a panic.  These thoughts and events kept him leaving the Army AWOL.  This happened several times during his short stay in the Army.  Ultimately he went AWOL and didn't return.  However, he still carried the thoughts in his head.  

4.  He got married and his marriage did not work due to his bad thought process. He had children and he could not be a good father due to the bad thoughts he had.  This led him to drink and to become abusive.  This led him to being admitted as a patient in the Columbia Mental Health Facility for more than 6 weeks.  Once he was released they gave him disability for a mental problem.  

5.  In 1985, he was picked up as a deserter and sent to Fort Bragg, NC for a hearing regarding why he went AWOL.  He tried to explain his reasoning for going AWOL, but they never addressed any of his issues.  The officials could blatantly see he had a mental problem and they ignored it.

6.   That moment on the rifle range changed everything; it was the event that changed his mental state.  He is still being seen by his local doctors for his mental condition.  

7.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 January 1986.

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 27 March 1979, he enlisted in the Regular Army for 4 years.  He completed basic combat training and AIT and was awarded military occupational specialty 11B (Infantryman).

3.  On 18 July 1979, he was assigned to Company B, 2nd Battalion, 34th Infantry at Fort Stewart, GA.  He went absent without leave (AWOL) from 24 July 1979 to 2 August 1979.  

4.  On 19 September 1979, he received nonjudicial punishment (NJP) for being AWOL from 6 August to 7 September 1979.

5.  His DA Form 2-1 (Personnel Qualification Record) shows he was also AWOL during the following periods:

* 17 September 1979
* 22 - 24 October 1979

6.  On 2 November 1979, he departed AWOL and on 20 November 1979 he was dropped from the rolls.  He returned to military control on 5 January 1983 and was assigned to the U.S. Army Personnel Control Facility (USAPCF) at Fort Dix, NJ.  On 7 January 1985, he again departed AWOL.

7.  On 14 November 1985, he was apprehended by the Darlington County Sheriff's Department, Darlington, SC and returned to military control.

8.  On 27 November 1985, court-martial charges were preferred against the applicant for being AWOL from on or about 7 January 1983 until apprehended on or about 14 November 1985.

9.  On 27 November 1985, he voluntarily requested discharge for the good of the service.  He acknowledged he understood the offense he was charged with and he was:

* making the request of his own free will
* guilty of the offense with which he was charged
* advised he could submit any statements he desired in his own behalf with his request and he indicated he was not submitting any such statements
* afforded the opportunity to speak with counsel prior to making this request
* advised he may be furnished an Under Other Than Honorable Conditions Discharge Certificate

10.  In addition, he acknowledged he may expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions and he understood he may be ineligible for many or all Veterans Administration (VA) benefits under Federal or State laws.

11.  The commander of the USAPCF submitted an endorsement, dated 
9 December 1985, to the applicant's request for discharge.  

	a.  The commander interviewed the applicant and he stated the applicant:

* acknowledged his AWOL of approximately 1,042 days was due to 	marital problems
* stated that prior to going AWOL he was having marital problems and 	undergoing divorce proceedings
* stated he was unable to cope with the stress of the divorce and 	continued military service
* was apprehended by civilian authorities on 14 November 1985 and 	desired to be discharged from the Army

	b.  He stated the nature and gravity of the offense were sufficiently serious to warrant elimination of the applicant from the service.  In view of the applicant's attitude towards the military and his lack of rehabilitative potential, the commander recommended approval of his request for discharge and issuance of an Under Other Than Honorable Conditions Discharge Certificate.

12.  On 17 December 1985, the appropriate authority approved his request for discharge for the good of the service.  He directed the applicant be reduced to private/pay grade E-1 and that he be furnished an Under Other Than Honorable Conditions Discharge Certificate.

13.  On 10 January 1986, the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Enlisted Personnel Separations) for the good of the service in lieu of trial by court-martial.  He had completed 7 months and 1 day of net active service that was characterized as under other than honorable conditions.  He had 1,386 days of lost time and 913 days were lost subsequent to his expiration term of service date.

14.  His service medical records were not available for review.

15.  There is no indication he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within the ADRB's 15-year statute of limitations.

16.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.

	a.  Chapter 10 stated a member who was charged with 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 discharge under other than honorable conditions was normally issued to an individual who was discharged for the good of the service.

	b.  An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would have been clearly inappropriate.  Whenever there was doubt, it was to be resolved in favor of the individual.

	c.  A general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant described an event that occurred in basic combat training where another recruit was randomly firing his weapon while the applicant was in the bleachers.  He contends he feared for his life at the time and he has not gotten over that fear since the event occurred.  He contends it was these thoughts that caused him to go AWOL.  His bad thoughts led to his drinking and he became abusive.  He contends he was admitted to the Columbia Mental Health Facility for more than 6 weeks.  However, he has provided no evidence to show the dates he was admitted or the diagnosis given at the facility.

2.  His service medical records are not available for review.  There is no evidence in his military personnel records of the incident he describes as having occurred in basic combat training.  There is no evidence available showing he was treated for a mental condition while he was in the Army.  The applicant has provided no evidence of being treated for a mental condition since shortly after being discharged from the Army.

3.  During his processing for discharge the applicant had the opportunity to submit statements in his own behalf.  He was advised of this right and he declined to submit any statements that may have provided mitigating factors concerning his excessive periods of AWOL.  He did not make any statements concerning his physical or mental health.  

4.  In his endorsement, the commander of USAPCF indicated the applicant had gone AWOL due to marital problems and he was unable to cope with the stress of divorce and continued military service.  There was no mention of any physical or mental condition that was affecting the applicant's status. 

5.  He voluntarily requested discharge and admitted guilt to the offense for which he was charged.  He also acknowledged that he understood he could receive a discharge under other than honorable conditions and that he may be ineligible for many or all VA benefits State and Federal.

6.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial was administratively correct and in conformance with applicable regulations.

7.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The records contain no evidence of procedural or other errors that would have jeopardized his rights.

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)                                         AR20140001289



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ABCMR Record of Proceedings (cont)                                         AR20140001289



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