IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140010396 


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, the following corrections:

* an upgrade of his under other than honorable conditions (UOTHC) discharge to a general discharge
* amendment to Item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty)

2.  The applicant states:

   a.  He graduated from college in 2006 and was very unsure of what direction he wanted to take.  The job market was pretty slow and he needed some direction.  His parents are retired military and his brother enlisted a couple of years prior to him, so he was encouraged to go the military route.  Upon completion of his training he suffered a lot of losses.  His grandparent, a very close friend of the family, and his best friend all passed within a couple of weeks of one another.  He was totally unable to cope and did not have the support to get the help he needed to remain "above water."  Unfortunately, he attempted suicide twice and was sent to the psychiatric ward.  He was told he would be discharged and remained in the psychiatric ward for care.

   b.  Approximately after two weeks of being in the psychiatric ward he was reassigned to a troop unit and expected to perform his daily duties until a discharge occurred.  He was totally unable to deal with this.  He was nowhere being in an emotional place to be back to active duty.  This was not because of his behavior and thoughts but for the fact he was told he would be discharged from the psychiatric ward.  He again contemplated suicide, but thought that going to Fort Knox, KY, to be discharged wouldn't shame his military family.

   c.  Six years later, he is now happily married with two beautiful children and trying to provide the best life he can for them.  His discharge has not only blocked him from receiving benefits, but also in applying for jobs as a contractor or civil service.  He believes his discharge was improper because his being in the psychiatric ward warranted another discharge.  Instead of receiving care he was assigned to a troop unit and expected to operate normally when he clearly did not have the mental capacity to do so.

   d.  He is requesting the reason for separation account for the emotionally induced psychological trauma he was going through.  He is seeking full access to benefits to not only to better himself, but most importantly his young family.

3.  The applicant provides copies of the following:

* three DA Forms 4700 (Medical Record – Supplemental Medical Data)
* Standard Form (SF) 504 (Medical Record – History-Part 1)
* DD Form 2808 (Report of Medical Examination)
* DA Form 3647-1 (Inpatient Treatment Record Cover Sheet)
* Emergency Care & Treatment form
* DD Form 2807-1 (Report of Medical History)
* SF 507 (Clinical Record)
* SF 509 (Medical Record – Progress Notes)
* DA Form 3888-3 (Medical Record – Nursing Discharge Summary)
* Eisenhower Army Medical Center (EAMC) Form 891 (Patient Rights/Limits of Confidentiality Within Behavioral Health)
* Signature Sheet
* Certificate of Psychiatric Evaluation memorandum
* Memorandum for Record (MFR)
* SF 600 (Health Record – Chronological Record of Medical Care)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 November 2007 for 6 years in pay grade E-4.  He completed training and was awarded military occupational specialty 25B (information technology specialist).  





2.  He provided copies of the following:

   a.  An SF 504, dated 19 May 2008, which shows he was admitted for acute stress to include death of his grandfather, suicide of friend, breakup of relationship, and possible Uniform Code of Military Justice.

   b.  A DA Form 4700, dated 19 May 2008, which shows he underwent a mental status examination and was assessed as a "low risk" for suicide.
   
   c.  An EAMC Form 891, dated 19 May 2008, wherein he acknowledged his patient rights and limits of confidentiality within behavioral health.

   d.  An SF 507, dated 20 May 2008, which shows he underwent a physical examination at the EAMC.

   e.  An SF 509, dated 29 May 2008, which shows he attended group therapy.

   f.  A DD Form 2808, dated 29 May 2008, which shows he underwent a medical examination for the purpose of separation for an adjustment disorder with mixed disturbance of emotion and conduct.  He was found qualified for discharge.

   g.  A DA Form 4700, dated 30 May 2008, which shows he was diagnosed with an adjustment disorder with mixed disturbance of emotion and conduct after being admitted for suicidal ideation and overdose of non-lethal amount of Motrin. He minimally participated in his treatment plan and was often passively aggressive and uncooperative with staff.  His behavior improved when informed he was being recommended for a paragraph 5-17.  He denied suicidal or homicidal ideation at the time of discharge.

   h.  A Certificate of Psychiatric Evaluation memorandum, dated 30 May 2008, wherein the inpatient psychiatrist certified the evaluation of the applicant between 19 to 30 May 2008.  The psychiatrist stated:
   
		(1)  The purpose of the evaluation was explained to the applicant and the applicant agreed to voluntary admission.

		(2)  The diagnosis of an adjustment disorder with mixed disturbance of emotion and conduct was a condition which did not amount to disability.  It was a disorder of emotional and behavioral control sufficiently severe that the Soldier's ability to perform military duties could be significantly impaired.  

		(3)  He found the applicant was mentally sound and able to participate in any administrative proceedings.  The applicant should be administratively separated in accordance with Army Regulation 635-200, paragraph 5-17 (Other Designated Physical or Mental Conditions) as expeditiously as possible.  

   i.  An MFR, dated 30 May 2008, which shows the applicant was discharged for the psychiatric ward on the same day and was scheduled for a follow-up appointment on 2 June 2008.

   j.  An SF 600, dated 5 June 2008, which shows he was seen in the Psychiatry Clinic as an out-patient and released without limitations.

3.  He was reported absent without leave (AWOL) on 17 June 2008 and dropped from the rolls of his organization on 17 July 2008.  On 22 September 2008, he was returned to military control.

4.  On 24 September 2008, a DD Form 458 (Charge Sheet) was completed by the Commander, Special Processing Company, U.S. Army Personnel Control Facility, Fort Knox, KY.  The applicant was charged with one specification of being AWOL from 17 June through 22 September 2008.  On the same day court-martial charges were preferred against the applicant.

5.  On 25 September 2008, after consulting with counsel, the applicant admitted he was knowingly, willingly, and voluntarily AWOL.  He requested discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service – in lieu of trial by court-martial for charges being preferred against him.  He acknowledged he could be discharged UOTHC and furnished an UOTHC Discharge Certificate and the result of the issuance of such a discharge.  He waived his rights and elected not to submit a statement in his own behalf.

6.  On 3 November 2008, the separation authority approved the applicant’s request and directed the issuance of an UOTHC discharge and reduction to pay grade E-1.

7.  He was discharged accordingly on 5 December 2008.  He was credited with completing 9 months and 5 days of active service.  He was also credited with time lost from 17 June through 21 September 2008.  His service was characterized as UOTHC.  Item 28 of his DD Form 214 lists the entry, In Lieu of Trial by Court-Martial.

8.  There is no evidence the applicant's chain command initiated action to separation him under the provisions of Army Regulation 635-200,            paragraph 5-17.
9.  On 21 October 2011, the Army Discharge Review Board denied his petition for an upgrade of his discharge.

10.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  The regulations states in:

   a.  Chapter 10 - a Soldier who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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.  Army policy states that although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate.

   b.  Paragraph 3-7b - a general discharge is a separation from the Army under honorable condition.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

   c.  Paragraph 5-17 - Soldiers would be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40 that interfered with assignment or with performance of duty.  

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 28 would list the reason for separation based on the regulatory or statutory authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was charged with the commission of an offense punishable under the Uniform Code of Military Justice with a punitive discharge.  Discharge actions processed under the provisions of chapter 10 of Army Regulation       635-200 are voluntary requests for discharge in lieu by court-martial.  He acknowledged the reason for his discharge and that he could be furnished an UOTHC Discharge Certificate.  He waived his rights and elected not to submit a statement in his own behalf.

2.  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 his misconduct diminished the quality of his service below that meriting a general discharge.
3.  Without evidence to the contrary, his administrative separation was accomplished in compliance with applicable regulations in effect at the time and the current version, with no procedural errors which would tend to jeopardize his rights.  He was properly discharged in accordance with pertinent regulations with due process.  Therefore, he is not entitled to an upgrade of his discharge.

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

5.  With regard to amendment of item 28, the evidence shows he was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of court-martial.  Absent his AWOL and referral of court-martial charges, there was no fundamental reason to process his voluntary separation.  The underlying reason for his discharge was his voluntary request in lieu of trial by a court-martial.  The only valid narrative reason for separation permitted under that paragraph is "For the Good of the Service - in Lieu of Court-Martial" which is correctly shown on his DD Form 214.  Therefore, he is not entitled to 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)                                         AR20140010396





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ABCMR Record of Proceedings (cont)                                         AR20140010396



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