IN THE CASE OF:	   

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140005966 


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 upgrade of the discharge under other than honorable conditions (UOTHC) she received because of her request for discharge in lieu of trial by court-martial.

2.  The applicant states she received the discharge for excess leave.  She was anxious and agitated all the time in basic training but everyone was anxious so she tried to ignore it.  She couldn’t sleep because of the yelling and shooting and the grenades.  Nevertheless, she managed to qualify as a Sharpshooter and as an Expert with grenades and she thought that, maybe, she'd be able to go on.  After she was transferred to Fort Leonard Wood, Missouri the anxiety worsened.  She was walking around constantly in pre-panic or panic attack mode.  They suggested she visit the chaplain.  The chaplain suggested she have her family write the military.  That did not help her.  No words can describe how she felt when she found she was on the list for Kuwait.  She contemplated suicide.  She was living in complete mental chaos.  She ran away from the base.  She just wanted to be home and feel safe.  While home she was treated for many things.  The doctors didn't know what was wrong.  She was finally diagnosed with panic disorder with agoraphobia.  She has been disabled through Social Security for 12 years now.  She recently went to the Department of Veterans Affairs (VA) hospital but they could not help her because of the UOTHC discharge.  She has understood for some time now that what she did was wrong but at the time it seemed the only alternative to taking her own life.


3.  The applicant provides copies of her discharge orders, DD Form 214 (Certificate of Release or Discharge from Active Duty), and a letter of support from her brother.

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 11 January 1990.  She completed basic and advanced individual training, was awarded military occupational specialty (MOS) 88M as a motor transport operator, and was advanced to pay grade E-2 on 11 July 1990.

3.  She was absent without leave (AWOL) from 6 August to 16 October 1990.

4.  When charges were preferred against the applicant for that offense she consulted with legal counsel and voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10, for the good of the service in lieu of trial by court-martial.  She acknowledged she understood the charges against her and admitted she was guilty of at least one offense for which a punitive discharge was authorized.  She acknowledged she understood she could receive an under other than honorable conditions discharge.  She acknowledged she understood she could be deprived of many or all Army benefits and she might be ineligible for veterans' benefits administered by the VA.  She also acknowledged she understood that she could expect to encounter substantial prejudice in civilian life if she were issued an under other than honorable conditions discharge.

5.  The applicant did not submit a statement in her own behalf and she waived her separation physical examination which would have included a Mental Status Evaluation.  

6.  The applicant's chain of command recommended approval of the request.  The separation authority approved her request and directed she receive a UOTHC discharge.

7.  On 17 January 1991 the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10.  Her service was characterized as UOTHC.  She had completed 9 months and 26 days of creditable active service. 

8.  There is no indication the applicant applied to the Army Discharge Review Board.

9.  In support of her request the applicant submitted a letter from her brother who related, "…When (the applicant) decided to join the Army she was very excited to make a career of it…But not too long after she joined she began to call home many times to complain about being scared and her heart racing like she was going to have a heart attack.  Of course we all knew the anxiety that went with such training, so we just tried to do and say as much as we could to support her through her difficult times.  I can attest to the fact that my sister came home with a fear of dying that no pills could take away,  It was difficult and still is at times.  She suffers from Panic Disorder with agoraphobia and it is difficult for her to feel comfortable just being outdoors.  I'm her Rock and she has chosen me as one of her comfort people, meaning that when she's having an episode she feels safe with me and this is why she chose me to write this letter.  We both hope that you can reconsider her discharge due to her condition and mental illness.  She had never asked for any help from (the Veterans hospital), and now she needs it, we hope you can give her that chance…"

10.  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 UOTHC discharge is normally considered appropriate.

	b.  Paragraph 3-7a states 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's request for a chapter 10 discharge, after appropriate and proper consultation with a military lawyer, tends to show she wished to avoid a trial by court-martial and the felony conviction that she might have received.

2.  The type of discharge directed and the reasons for the discharge were appropriate considering the facts of the case.

3.  The available evidence is insufficient to support her request.  There is no basis for granting the applicant an honorable or a general discharge.

4.  The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for veterans or medical benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  Additionally, the granting of veteran's benefits is not within the purview of the ABCMR.  Therefore, any questions regarding eligibility for health care and other benefits should be addressed to the VA.

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)                                         AR20140005966





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ABCMR Record of Proceedings (cont)                                         AR20140005966



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