IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002532
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in combat and to show any awards he may have earned.
2. He states "nothing" is recorded on his DD Form 214, and he has proof of his status.
3. He provides discharge orders, a list of the documents in his record in the integrated Personnel Electronic Records Management System (iPERMS), and his DD Form 214.
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 16 September 2003, the applicant enlisted in the Oregon Army National Guard (ORARNG). He was ordered to initial active duty for training (ADT) effective 5 May 2004, and he reported as ordered.
3. When he enlisted, he completed a Security Clearance Application in which he indicated, in part, that he had not consulted with a mental health professional or with another health care provider about a mental health-related condition.
4. On 26 June 2004, Headquarters, Oregon National Guard, issued Orders 178-181 ordering him to active duty in support of Operation Iraqi Freedom with a reporting date of 28 June 2004. On 19 June 2004, the same headquarters revoked Orders 178-181.
5. A memorandum, subject: Mental Status Evaluation on [Applicant], dated 16 September 2004, shows the applicant was evaluated by a neuropsychiatrist and diagnosed with oppositional defiant disorder and "cluster B personality traits." The neuropsychiatrist found no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through medical channels and psychiatrically cleared the applicant for any administrative actions deemed appropriate by the command. The neuropsychiatrist noted that the applicant had been treated with counseling and medication for the last 3 years for poor impulse control; poor decision making; and immature, manipulative behaviors. He recommended the applicant be expeditiously separated under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other Designated Physical or Mental Conditions).
6. On 23 September 2004, his company commander recommended his separation under the provisions of Army Regulation 635-200, paragraph 5-17, based on the neuropsychiatrist's recommendation.
7. On 28 September 2004, the applicant consulted with counsel who advised him of the basis for his contemplated separation under the provisions of Army Regulation 635-200, paragraph 5-17, and its effects and the rights available to him. He elected not to submit a statement in his own behalf.
8. On 4 October 2004, the separation authority directed his separation under the provision of Army Regulation 635-200, paragraph 5-17, and directed that he receive an entry-level (uncharacterized) separation. The separation authority noted that the applicant had not completed the requirements to be awarded a military occupational specialty (MOS).
9. On 6 October 2004, he was released from ADT, discharged as a reserve of the Army, and returned to the ORARNG. The DD Form 214 issued at that time shows no foreign service and no awards.
10. On 24 June 2005, Joint Force Headquarters, Oregon National Guard, issued Orders 175-003 discharging him from the ARNG and as a reserve of the Army effective 6 October 2004 with uncharacterized service. He was issued a National Guard Bureau NGB Form 22 (Report of Separation and Record of Service) showing no awards.
11. During the processing of this case, the Defense Finance and Accounting Service (DFAS) reviewed the applicant's Master Military Pay Account and found that he had not received hostile fire/imminent danger pay or combat zone tax exclusion during his active duty service.
12. Review of Army Regulation 600-8-22 (Military Awards) revealed no awards or decorations applicable to the applicant's Army service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged prior to completing initial ADT due to a mental health diagnosis that was present prior to his enlistment. It appears he did not reveal his mental health history at the time of his enlistment.
2. Because of the circumstances of his brief Army service, he did not become eligible for any awards, and there is no evidence indicating he served in combat.
3. In view of the foregoing, 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) AR20140002532
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