IN THE CASE OF:    

		BOARD DATE:  2 December 2014	  

		DOCKET NUMBER:  AR20140004551 


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, an upgrade of his discharge under other than honorable conditions.

2.  The applicant states:

* he suffered a life-threatening injury in the service that caused him to be reassigned
* he suffered a heat stroke during a war game in the Mojave Desert
* as such, he suffered from serious emotional trauma from being reassigned
* he struggled with this severely and it caused the poor choices that led to this character of discharge 

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Character-reference letters
* medical records

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.  The applicant enlisted in the Regular Army on 3 November 1982 for 3 years.  He completed his training and was awarded military occupational specialty 11B (infantryman).

3.  His records are void of the specific facts and circumstances surrounding his final discharge action.  However, his DD Form 214 shows he was discharged on 20 March 1984 for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  He completed 1 year, 4 months, and 18 days of creditable active service.  His service was characterized as under other than honorable conditions.

4.  There is no medical evidence of record that shows he was diagnosed with any mental condition prior to his discharge.

5.  He provided a letter from a mental health counselor, dated 30 May 2013, which shows he was diagnosed with bipolar I most recent episode depressed, severe, with psychotic features; post-traumatic stress disorder (PTSD); alcohol dependence, remission qualifier, in a controlled environment; and cocaine abuse, remission qualifier, in a controlled environment.  The counselor states the PTSD diagnosis is not only due to his time in the military, but other trauma he has experienced in his life as well.

6.  He provided several character-reference letters and letters of support.

	a.  An employee at the Denver Department of Veterans Affairs (VA) Medical Center attests the applicant works hard and takes responsibility for himself and his actions.

	b.  A doctor at the Mental Health Center of Denver states the applicant is an active consumer at the center, he has been positively engaged in services and continues to improve, and he appears to have a fair prognosis as evidenced by his active participation in services and sobriety.

	c.  A case manager contends the applicant has been a client of the Community Reentry Project since 2010.  He has attended all scheduled meetings and has made great strides in his recovery and has been stable with the help of Denver Mental Health services.

	d.  A program clinician attests the applicant came to his program in August 2010.  His professional opinion of the applicant suggests the condition of his mental health pathology is directly related to some of the specific experiences he encountered while participating in intense military training.  The applicant has made tremendous progress in his treatment and recovery efforts where he has been able to maintain and strengthen his commitment to sober living while continuing to fully recover from mental health conditions.

	e.  A veteran service officer states the applicant deeply regrets his actions that caused the character of his discharge.  He has paid a terrible price in life for these decisions.  His efforts with the trauma court have been spectacular.  He has overcome barriers that most people couldn't overcome.  He struggles with severe PTSD that was caused by stressors directly related to service.  He suffered a serious medical emergency while training where he nearly lost his life.  As such he was reassigned to Germany.  The separation from his unit left him feeling like he let his unit down and was the primary factor in his drinking.  He has recently turned his life around.

7.  There is no evidence showing the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

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

	a.  Chapter 10 provides that 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 in lieu of trial by court-martial.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was suffering from serious emotional trauma that led to poor choices and his discharge.  However, there is no evidence of record and he provided no such evidence that shows he was diagnosed with any mental condition prior to his discharge.

2.  The character-reference letters submitted on behalf of the applicant failed to show his discharge was unjust and should be upgraded.

3.  His records are void of the specific facts and circumstances surrounding his discharge.  It appears that he was charged with the commission of an offense(s) punishable under the Uniform Code of Military Justice with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.  The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  In doing so, he would have admitted guilt and waived his opportunity to appear before a court-martial.  It is also presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, in the absence of evidence showing otherwise, it must be presumed that his final discharge accurately reflects his overall record of service during the period under review.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant an honorable or a general discharge.

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 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)                                         AR20140004551



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ABCMR Record of Proceedings (cont)                                         AR20140004551



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