IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140004946 


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 an upgrade of his under other than honorable conditions (UOTHC) discharge to a general discharge.

2.  The applicant states:

   a.  His actions at the time of his absence without leave (AWOL) were due to post-traumatic stress disorder (PTSD) which he was suffering from.  He was never checked for PTSD when they returned from the war.  After being treated and medicated for PTSD he understood the mistakes he made by going AWOL. He tried to kill himself 4 times in 1992 and 1993 not knowing why he felt the way he did.

   b.  PTSD cost him his wife and son.  His wife left and took his son and he had not seen them since then.  He was homeless after his discharge and once again tried to take his own life.  He had paid for his mistakes over and over to this day.  He can't receive help from the Department of Veterans Affairs (VA) because of a mistake he made 20 years ago.  He regrets his actions to this day. 

   c.  He only wishes that his first sergeant and noncommissioned officer knew about the signs of PTSD in 1992.  He feels that if he had received treatment for his PTSD issues in 1992 his wife would not have left him and taken his son away and he would not have gone AWOL.  He was AWOL from his unit and out-processed from Fort Campbell, KY.  He thought he was done with out-processing at that point.  He didn't know what kind of change he could receive if any.   

3.  The applicant provides no additional evidence.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army (RA) on 25 November 1988.  He was awarded military occupational specialty (MOS) 11B (infantryman).  He was honorably released from active duty on 24 November 1992, at the expiration of his term of service, and was transferred to a Reserve unit.  He was credited with completing 4 years of net active service.

3.  He reenlisted in the RA on 26 February 1993.  He served in MOS 11B.  

4.  On 1 December 1993, he was reported AWOL and he was dropped from the rolls of his organization on 30 December 1993.  On 10 January 1994, he surrendered to military authorities and was returned to military control.  

5.  On 12 January 1994, he was again reported AWOL.  

6.  A DA Form 4187 (Personnel Action), dated 25 February 1994, stated he was issued a DD Form 460 (Provisional Pass) to report to the U.S. Army Personnel Control Facility, Fort Knox, KY, and he failed to comply.  He was dropped from the rolls in accordance with Army Regulation 630-10 (Personnel Absences – AWOL, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings), paragraph 3-5b.

7.  On 24 January 1997, he was apprehended by civil authorities and was returned to military control.  

8.  His record is void of the facts and circumstances surrounding his discharge; however, his records contain a DD Form 214 which shows he was discharged in pay grade E-1 on 25 April 1997, under the provisions of Army Regulation       635-200 (Personnel Separations, Enlisted Separations), chapter 10.  His service was characterized as UOTHC.  He was credited with completing 11 months and 22 days of active service this period and time lost from 1 December 1993 through 9 January 1994 and 12 January 1994 through 23 January 1997.

9.  On 2 November 2001, the Army Discharge Review Board denied his petition for an upgrade of his discharge.

10.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  The regulation stated in:

   a.  Chapter 10 - a Soldier whose conduct rendered him triable by court-martial for an offense punishable by a bad conduct or dishonorable discharge could request a discharge for the good the service in lieu of a trial.  The regulation required that there have been no element of coercion involved in the submission of such a request and that the Soldier was provided an opportunity to consult with counsel.  The Soldier was required to sign the request indicating he understood he could receive a discharge UOTHC, the adverse nature of such a discharge, and the possible consequences thereof.  The regulation required that the request be forwarded through channels to the general court-martial convening authority.  An UOTHC discharge would normally be furnished to an individual who was discharged for the good of the service.

   b.  Paragraph 3-7b - a general discharge was a separation from the Army under honorable condition.  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's record is void of all the facts and circumstances surrounding his discharge; however, it appears after charges were preferred against and after consulting with counsel he voluntarily, willingly, and in writing requested discharge from the Army.  Discharge actions processed under the provisions of chapter 10 of Army Regulation 635-200 are voluntary requests for discharge in lieu by court-martial.  

2.  There is no evidence of record and he provided none to show PTSD or any mental or medical conditions prevented his satisfactory completion of his second term of enlistment or that he has a service-connected PTSD diagnosis now.  

3.  While the Board is sympathetic of his request, he provided no evidence or a convincing argument to show his discharge should be upgraded and his military records contain no evidence which would entitle him to an upgrade of this discharge.  The evidence shows he was AWOL from 1993 to 1997, the majority of the period of his second enlistment.  Therefore, his misconduct diminished the quality of his service at that time below that meriting a general discharge.

4.  Without evidence to the contrary, his administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize his rights.  It is presumed he was properly discharged in accordance with pertinent regulations with due process.  Therefore, there is no basis for granting him the requested relief.

5.  His desire to have his discharge upgraded so that he can qualify for medical and/or other benefits from the VA is acknowledged.  However, the ABCMR does not grant relief solely for the purpose of an applicant qualifying for VA benefits.

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)                                         AR20140004946





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ABCMR Record of Proceedings (cont)                                         AR20140004946



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