IN THE CASE OF:	   

		BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140003798 


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 discharge under other than honorable conditions be upgraded to an honorable discharge.

2.  The applicant states at the time he went absent without leave (AWOL) he was unaware that he suffered from bipolar disorder and other mental conditions.  He went AWOL because he was scared and he attempted suicide in his barracks at Fort Bragg, NC.  He couldn't face his commander or his peers so he took off.  He had an amazing record prior to this event and he was not aware of his mental illness.  He made decisions he's not proud of and feels he should not have to suffer without benefits from the service he performed with honor.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 25 October 1994
* his birth certificate
* a letter, dated 13 July 2014, from the Social Security Administration (SSA)

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 19 July 1990, he enlisted in the Regular Army for 4 years.  

3.  On 3 January 1991, he was assigned to the 5th Maintenance Company in Germany.  

4.  He was on temporary duty in Iraq from 9 April to 21 June 1991.  On 
6 November 1991, he was awarded the Army Achievement Medal for meritorious achievement from 8 April to 28 June 1991.  On 1 September 1992, he was promoted to specialist/pay grade E-4.  On 4 December 1992, he was awarded the Army Commendation Medal for meritorious service from 8 January 1991 to 27 December 1992.

5.  On 25 February 1993, he was assigned to the 82nd Aviation Brigade at Fort Bragg.  On 18 May 1993, he was awarded the Army Good Conduct Medal (1st Award) for service from 19 July 1990 to 18 July 1993.

6.  On 26 August 1994, court-martial charges were preferred against the applicant for being AWOL from on or about 3 January to 24 August 1994.

7.  On 26 August 1994, he voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, in lieu of trial by court-martial.  He acknowledged he understood the elements of the offense he was being charged with and that he was:

* making the request of his own free will
* guilty of the offense with which he was charged
* afforded the opportunity to speak with counsel prior to making this request
* advised he could be issued an under other than honorable conditions discharge
* advised he could submit any statements he desired in his own behalf

8.  He did not submit any statements in his own behalf.  He acknowledged he understood he could expect to encounter substantial prejudice in civilian life if an under other than honorable conditions discharge was issued to him.  He also acknowledged he understood he:

* would be deprived of many or all Army benefits
* may be ineligible for many or all Department of Veterans Affairs benefits
* may be deprived of his rights and benefits as a veteran under both Federal and State laws

9.  His commander and intermediate commander recommended his request for discharge be approved and that he receive an under other than honorable conditions discharge.

10.  On 30 September 1994, the appropriate authority approved the applicant's request for discharge in lieu of trial by court-martial.  He directed his reduction to private/pay grade E-1 and that he receive an under other than honorable conditions discharge.

11.  On 25 October 1994, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He completed 3 years, 7 months, and 16 days of net active service this period that was characterized as under other than honorable conditions.  He had 196 days of time lost and 36 days of time lost subsequent to the expiration of his enlistment.

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

13.  The letter, dated 13 July 2014, from SSA notified him he was entitled to monthly disability benefits beginning July 2013.  However, the letter does not identify the disability that qualified him for the benefits.

14.  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.

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

	a.  Chapter 10 states a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

	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.  He contends he went AWOL because he was suffering from bipolar disorder and other mental conditions.  He had attempted suicide at Fort Bragg and he was scared and couldn't face his commander or his peers.  However, he has provided no substantive evidence to support his contentions.

2.  His military records do not show that he was diagnosed with bipolar disorder or any other mental condition while he was on active duty. There is also no evidence that he attempted suicide at Fort Bragg.  However, his service medical records were not available for review.

3.  He had completed over 3 years of Army service at the time he went AWOL.  As such, he should have been aware of avenues that he could have pursued in resolving his personal issues in lieu of going AWOL.  Therefore, his extended period of lost time makes his service unsatisfactory.

4.  He was charged with an offense punishable by a punitive discharge.  He consulted with counsel, voluntarily admitted guilt to the offense or lesser offenses included, and requested discharge in lieu of court-martial.  He acknowledged in his request for discharge that he could receive an under other than honorable conditions discharge.  Therefore, his request for discharge was administratively correct and in conformance with applicable regulations.

5.  The type of discharge directed and the reasons for discharge were appropriate considering all the facts of the case.  A discharge under other than honorable conditions is normally considered appropriate when a member is separated under the provisions of chapter 10.  There is no evidence of procedural or other errors that would have jeopardized his rights.  


6.  In view of the above, there is an insufficient basis to upgrade the characterization of his service to general or honorable.

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)                                         AR20140003798



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ABCMR Record of Proceedings (cont)                                         AR20140003798



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