IN THE CASE OF:	  

		BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140006175 


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 discharge to an honorable or general discharge.

2.  The applicant states, in effect:

* he was mentally disturbed when he was unjustly discharged
* he was getting a medical discharge
* he was granted leave instead of help
* his illness is documented in his Army medical records 
* he has anxiety, distress of the mind, and is bipolar – he has been living in fear and darkness
* he is not at fault for his illness
* he needs help from his country - he wants to be able to go to the Department of Veterans Affairs (VA) for mental help

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a self-authored letter.

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 25 August 1981.  The highest rank/grade he attained while serving on active duty was private first class/E-3.  

3.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the Medical Hold Detachment, Fort Rucker, AL, as a patient on 12 August 1983.  On 26 September 1983, his status changed to absent without leave (AWOL). 

4.  On 8 November 1983, charges were preferred against him for being AWOL during the period 25 September 1983 through 2 November 1983.

5.  A statement he made during a personal interview with the Commander, United States Army Personnel Control Facility, Fort Bragg, NC, shows he was requesting a discharge because he was having personal and adjustment problems.  He stated he had been sent from Keeler Army Medical Center for evaluation; following the evaluation, he was sent to the Medical Hold Detachment at Fort Rucker, AL.  He stated he had an approved discharge and was awaiting separation when he got fidgety and went AWOL. 

6.  On 9 November 1983, he consulted with counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the Uniform Code of Military Justice (UCMJ), the possible effects of an under other than honorable conditions discharge, and procedures and rights available to him.  

7.  Subsequent to receiving legal counsel, he voluntarily requested discharge 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 acknowledged that:

* he could request discharge for the good of the service because charges had been preferred against him under the UCMJ that authorized the imposition of a bad conduct or dishonorable discharge
* he was guilty of the charge against him or a lesser-included offense therein contained that also authorized the imposition of a bad conduct or dishonorable discharge
* under no circumstances did he desire further rehabilitation for he had no desire to perform further military service
* he understood he could be discharged under conditions other than honorable
* as a result of such a discharge, he would be deprived of many or all Army benefits and might be ineligible for many or all benefits administered by the VA
* he could be deprived of his rights and benefits as a veteran under Federal and State laws
* he could expect to encounter substantial prejudice in civilian life because of an under other than honorable discharge

8.  On 28 February 1984, the separation authority approved his request and directed he receive an under other than honorable conditions discharge and be reduced to the lowest enlisted grade. 

9.  On 8 March 1984, he was discharged accordingly after completing 2 years,     5 months, and 8 days of total creditable active military service, with 38 days of lost time due to being AWOL.

10.  His medical records are not available for review and his available records are void of documentation that indicates he was diagnosed with a mental condition during his military service.

11.  There is no indication he petitioned the Army Discharge Review Board for a review of his discharge within that board’s 15-year statute of limitations.

12.  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 at any time after the charges have been preferred.  A discharge under other than honorable conditions is normally considered appropriate.  The regulation does not preclude discharge under this chapter when a Soldier is pending separation for medical reasons.  

	b.  Paragraph 3-7a provides than 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 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 his discharge should be upgraded because he is in need of medical care.  The ABCMR does not grant requests to upgrade discharges solely for the purpose of making applicants eligible for veterans' benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  

2.  The applicant was charged with the commission of an offense punishable under the UCMJ 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.

3.  He voluntarily, willingly, and in writing requested discharge from the Army in lieu of trial by court-martial.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.  He could have elected a trial if he believed there were extenuating circumstances surrounding his AWOL status.

4.  The separation authority determined that his AWOL period rendered his service unsatisfactory, and the evidence supports that determination.  There is no documentary evidence of mitigating factors that would warrant changing the separation authority's determination.  Therefore, there is an insufficient basis upon which to grant 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)                                         AR20140006175





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ABCMR Record of Proceedings (cont)                                         AR20140006175



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