IN THE CASE OF:  	  

		BOARD DATE:  7 January 2015	  

		DOCKET NUMBER:  AR20140008634 


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, reconsideration of his earlier request that his under other than honorable conditions discharge, received under the provisions of chapter 14, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), be changed to a discharge under the provisions of Army Regulation 635-40 (Personnel Separations - Physical Evaluation for Retention, Retirement, or Separation) due to a disabling mental illness.

2.  The applicant states, in effect, he suffered from mental illness while on active duty and had a psychotic breakdown.  He did not receive proper medical attention, and his behavior was misinterpreted as insubordination.  He did not realize, at the time, what was wrong with him, but was later diagnosed with chronic paranoid schizophrenia.  He is unable to provide evidence because his records were destroyed after 10 years of the date of his hospitalization for mental illness.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), a self-authored statement, and two letters of support from medical professionals.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AC86-08015, on 9 November 1988. 

2.  The applicant does not meet the two-tiered criteria for a request for reconsideration in that his request was neither received within 1 year of the original Board's decision nor does it contain new evidence.  However: 

	a.  The previous Record of Proceedings did not fully explain the difference between an honorable and a general characterization of service or explain why the applicant did not meet the criteria for either characterization or why he did not qualify for a disability separation. 

	b.  Therefore, as a one-time exception to policy, his request will be reconsidered by the Board.

3.  The applicant enlisted in the Regular Army on 26 September 1977.  He completed basic combat and advanced individual training and was awarded military occupational specialty 71L (Administrative Specialist).  

4.  He served in Alaska from 28 April 1978 to on or about 3 March 1980.  He was awarded or authorized the Marksman Marksmanship Qualification Badge with Rifle Bar.  The highest rank/grade he attained while serving on active duty was private first class/E-3.

5.  His records show he received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on three occasions:

* on 10 January 1980, for five specifications of failing to go to his appointed place of duty at the time prescribed; part of his punishment was a suspended reduction in rank from private first class to private E-2 which was later vacated on 21 January 1980
* on 17 April 1980, for one specification for being absent without authority (AWOL)
* on 5 May 1980, for one specification for being AWOL

6.  On 4 March 1980, he was convicted by a special court-martial of:

* ten specifications of failing to go to his appointed place of duty at the time prescribed
* three specifications of willfully disobeying the order of a superior commissioned officer by not getting a haircut and reporting to that commissioned officer; failing to report to duty; and failing to report to a sergeant first class
* six specifications of willfully disobeying the order of a superior noncommissioned officer by failing to type two pieces of correspondence; failing to remove rank insignia of private first class from his uniform; failing to report to his duty section on two occasions; and failing to report to medical appointments on two occasions
* one specification of breaking restriction

7.  As a result of his special court-martial conviction, he was sentenced to forfeit $298 for four months and be confined at hard labor for four months.  He was sent to the U.S. Army Retraining Brigade, Fort Riley, KS to serve the confinement portion of his sentence.

8.  On 20 May 1980, his unit commander initiated separation action under the provisions of Army Regulation 635-200, chapter 14, section V (Other Acts or Patterns of Misconduct), paragraph 33 (Other Misconduct).  In his separation request, the commander enumerated his past incidents of misconduct and cited counseling efforts, observation reports, and a series of progress notes.  

9.  The applicant's discharge file contains two DA Forms 3822-R (Report of Mental Status Evaluation), dated 18 May 1980 and 2 June 1980 respectively.  Both reports state he:

* showed normal behavior
* was fully alert
* fully oriented
* had a clear thinking process
* had normal thought content
* had no significant mental illness
* had the mental capacity to understand and participate in board proceedings
* met medical retention standards

10.  On 22 May 1980, he met with counsel and was advised of the basis for the contemplated separation action.  He waived both consideration of his case by, as well as a personal appearance before, a board of officers.  He did not submit statements in his own behalf and waived representation by counsel.  He stated he understood he could encounter considerable prejudice should he receive either a general discharge under honorable conditions or an under other than honorable conditions discharge, to include ineligibility for veterans benefits.  

11.  On 1 June 1980, the separation authority approved the discharge action and directed he receive an under other than honorable conditions discharge.  On        6 June 1980, he was discharged accordingly.

12.  His DD Form 214 confirms he received an under other than honorable conditions discharge.  It shows he was separated under the provisions of Army Regulation 635-200, paragraph 14-33b(1), by reason of "frequent involvement in incidents of a discreditable nature with civil or military authorities."  It also shows he completed 2 years, 7 months, and 9 days of creditable active service, with 31 days of lost time due to confinement.

13.  On 14 December 1988, the ABCMR considered his request for a medical discharge.  The Board determined the request was not filed within the time limits prescribed by law, but considered the applicant's medical issue and determined no error or injustice existed.  It was recommended he apply to the Army Discharge Review Board (ADRB) if he wanted to review the characterization of his service or the reason and authority for separation.

14.  On 18 January 1996, the ADRB denied his request for an upgrade of the characterization of his discharge, but determined the reason and authority should be changed to "misconduct."  

	a.  A DD Form 215 (Correction of DD Form 214, Certificate of Release or Discharge from Active Duty) was issued on 4 January 1996 changing item 25 (Separation Authority) to "AR 635-200 PARA 14-12b" and item 28 (Narrative Reason for Separation) to "MISCONDUCT."  

	b.  Included in the packet considered by the ADRB were medical documents from Southern Nevada Memorial Hospital, dated December 1980, which describe the applicant being interviewed to obtain testimony for a Commitment Court.  He is diagnosed with paranoid schizophrenia.

15.  The applicant provides:

	a.  A self-authored statement that essentially states he was diagnosed with chronic paranoid schizophrenia after his separation, but all records have been destroyed; nonetheless, his psychiatrists have urged him to file this application in an effort to have his discharge changed.

	b.  A letter of support from a psychiatric mental health nurse practitioner which essentially states the applicant had reported:

* he received a dishonorable discharge from the Army around 1980
* he began having hallucinations and paranoid delusions while on active duty which prevented him from obeying orders
* he was transferred to a military base in Alabama and never received appropriate medical care
* he was ultimately separated
* after separation he was homeless
* he was arrested, but the judge recognized his mental illness and placed the applicant in his grandmother's custody
* his grandmother had him admitted to a psychiatric hospital where he was treated for schizophrenia
* the applicant feels he was treated unfairly by the Army and should have received a medical discharge
* he has been a model patient and has complied with the requirements of his treatment
* he has been working on contacting the Army to obtain his records but was told, because they were more than 10 years old, they were not available

	c.  A letter from a physician who states the applicant suffers from schizophrenia and depression and is receiving a medical regimen as part of his treatment.  The physician states he suffered his first psychotic episode while serving in Alaska.

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

   a.  Chapter 14 establishes policy and prescribes procedures for separating  members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  The regulation specifies that action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  The separation authority may issue an honorable discharge or general discharge if warranted by the overall record of service; however, a discharge under other than honorable conditions is normally considered appropriate for members separated under these provisions of the regulation.

	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.

17.  Army Regulation 635-40, in effect at the time, provided policy and procedures for the processing of Soldiers with medical conditions considered to make them unfit for further military service.  Paragraph 4-3 addressed cases where Soldiers were subject to administrative separation.  Except as noted below, enlisted Soldiers could not be referred into disability processing while they were pending administrative separation actions that could result in a character of service of under other than honorable conditions.  However, the commander exercising General Court-Martial Convening Authority (GCMCA) could abate the administrative separation when it was found that:

* the disability was the cause, or a substantial contributing cause, of the misconduct that could result in a discharge under other than honorable conditions
* other circumstances warranted disability processing

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for changing his under other than honorable conditions discharge, based on Army Regulation 635-200, chapter 14, to a medical discharge was carefully considered.  In evaluating both the evidence he provides as well as the available record, there is insufficient evidence to support his request.

2.  His personnel record shows a history of misconduct that included disobedience of orders from superior commissioned and noncommissioned officers and frequent instances of failing to be at his appointed place of duty.  His discharge packet includes two Reports of Mental Status Evaluation; neither identified any mental illness that could be linked to his pattern of misconduct.

3.  He contends his first psychotic episode occurred in 1979 while he was stationed in Alaska; however, he provides no details as to what happened.  Additionally, his available records offer no substantiation to his claim.  The only documentation found, taken from evidence he submitted to the ADRB, shows a diagnosis of paranoid schizophrenia in December 1980, after his separation from the Army.

4.  Army Regulation 635-40 states Soldiers who are pending administrative separation are not eligible for referral for disability processing.  There are provisions, however, for the GCMCA to consider an exception where warranted.  Apparently, nothing in his behavior alerted either his chain of command or those evaluating his mental status to consider referral for disability processing.

5.  The evidence of record confirms his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation are presumed to have been met and the rights of the applicant were fully protected throughout the separation process.  Based upon the foregoing, there is insufficient evidence to grant him 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 to amend the decision of the ABCMR set forth in Docket Number AC86-08015, dated 9 November 1988.




      _______ _  _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)                                         AR20140008634



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ABCMR Record of Proceedings (cont)                                         AR20140008634



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