IN THE CASE OF:	  

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140004512 


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 restoration of his time lost under the provisions of Title 10, U.S. Code, Section 972.

2.  The applicant states:

   a.  he dropped out of high school, scored below average in intelligence, and joined the military in an attempt to better himself;
   
   b.  his severe mental issues and immature behavior caused him to make some serious and questionable decisions during his military service;
   
   c.  he informed unit personnel he was leaving his assigned duty to attend to his ailing spouse, who was in pre-mature labor with co-existing health issues for which he was reported absent without leave (AWOL);
   
   d.  he suffered from probable psychoneurotic disorder, as defined by military guidelines as well as the Department of Veterans Affairs Schedule for Rating Disabilities;
   
   e.  he should have been referred to medical authorities for his mental issues demonstrated by a profound retreat from mature behavior as evidenced by his command assertion he was unable to perform his assigned tasks without extensive supervision; and
   
   f.  it is evident the Army took some responsibility for failing to diagnose, treat, and follow-up on his condition(s), and gave consideration to his explanation for departing AWOL by issuing him a good and valid discharge.

3.  The applicant provides:

* Self-authored statement
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 20B (Record of Court-Martial Conviction)
* DD Form 4 (Enlistment Contract)
* Discharge packet document extracts (3 pages)

CONSIDERATION OF EVIDENCE:

1.  On 7 April 1971, the applicant enlisted in the Regular Army.  His DA Form 20 shows he was reported AWOL on 4 June and dropped from the rolls on 3 July 1971, during his initial entry training.

2.  His DA Form 20B shows the following court-martial convictions:

   a.  on 26 January 1972, by special court-martial (SPCM) for being AWOL on two separate occasions from 4 June - 19 July 1971 and from 29 September – 17 December 1971; and
   
   b.  on 17 April 1972, by summary court-martial (SCM) for being AWOL from 
8 - 14 March 1972.

3.  His record shows he underwent a mental status evaluation that showed the following:

* his behavior and thought content were normal
* he was fully alert and oriented
* his mood was level
* his thinking process was clear
* his memory was good
* he was mentally responsible
* he was able to distinguish right from wrong and adhere to the right
* he met retention requirements
* he had the mental capacity to understand and participate in separation proceedings
4.  On 4 May 1972, the applicant underwent a medical examination for separation.  The Standard Form 88 (Report of Medical Examination) completed at that time shows he was medically cleared.

5.  The applicant's military record does not include any documents which show he suffered from a medical or mental condition that would have warranted his processing through the Army's Physical Disability Evaluation System.  It does include a Standard Form 93 (Report of Medical History) dated 4 May 1972, which shows the applicant indicated "To the best of my nolege [sic] I am in good health."

6.  On 16 May 1972, the applicant was discharged from active duty under honorable conditions.  He completed 2 months and 2 days of creditable active duty service and accrued 338 days time lost.

7.  Army Regulation 630-10 (Absence Without Leave and Desertion) provides guidance for determining AWOL or desertion status.  It defines procedures for administration of persons in such status.  It gives instructions for starting apprehension efforts.  It also describes administrative actions for Soldiers returning to military control.  It states:

	a.  Soldiers will be reported AWOL when they absent themselves without authority and remain absent for more than 24 hours.

	b.  Absentees and deserters are considered returned to military control when they:

* surrender to military authorities
* are delivered to military authorities
* are arrested by or for military authorities
* are available for transfer to military custody after being held by civil authorities

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record of time lost should be restored because he suffered from severe mental issues and a psychoneurotic disorder that warranted his processing through medical channels.  However, there is insufficient evidence to support this claim.

2.  The applicant's military record fails to include any evidence showing he suffered from any medical or mental condition that would have warranted his processing through medical channels.  It does contain a mental evaluation and separation physical that shows he met retention standards and was medically cleared for separation.

3.  The evidence of record also contains the applicant's DA Form 20 which confirms he was reported AWOL on more than one occasion totaling 338 days of time lost and that he was twice convicted by court-martial for these AWOL offenses.  In the absence of supporting documentation to substantiate the applicant's claim, there is an insufficient evidentiary basis to support 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)                                         AR20140004512





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ABCMR Record of Proceedings (cont)                                         AR20140004512



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