BOARD DATE:  16 June 2015

		DOCKET NUMBER:  AR20140019512


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 reconsideration of his earlier request to correct his military records by upgrading his under other than honorable conditions discharge to an honorable discharge.

2.  The applicant states he has made many improvements in his life since he was diagnosed and treated for bipolar disorder.

3.  The applicant provides copies of:

* Certificate showing he successfully completed "Survival Skills for Men," dated 22 May 2012
* Certificate showing he completed "Cognitive Behavior Therapy Core Treatment," dated 19 June 2012
* Certificate showing he completed "Core-CBT SUDC Group," dated 6 August 2013
* A letter from a deputy sheriff, dated 30 October 2014

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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130018598, on 19 June 2014.

2.  The applicant has provided three certificates showing his recent completion of various treatment programs and a letter of support, all of which have not been previously considered.  Therefore, it would be appropriate for the Board to consider these documents as new evidence.

3.  The applicant's original application and Record of Proceedings show:

	a.  In May 1979, the applicant enlisted in the Regular Army.  He completed his initial entry training as an infantryman and was assigned for duty in the Federal Republic of Germany.

	b.  A DA Form 2-2 (Insert Sheet to DA Form 2-1 (Personnel Qualification Record – Part II), Record of Court-Martial Conviction) shows he was convicted in November 1980 by a summary court-martial of being disrespectful, assault, drunk and disorderly, and incapacitated for duty.  He was subsequently reassigned to the U.S. Retraining Brigade, Fort Riley, KS.

	c.  In January 1981, he accepted nonjudicial punishment (NJP), for disobeying a lawful order from a noncommissioned officer.

	d.  In February 1981, he was convicted by a summary court-martial for assaulting a noncommissioned officer.

	e.  His separation documents and/or discharge packet were not available for Board review.  His DD Form 214 showed he was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-33b(1), by reason of misconduct for frequent incidents of a discreditable nature with civil or military authorities.

	f  His medical records were are not available for Board review.  His available military personnel records were void of documentation that showed he suffered from bipolar disorder during his period of active military service.

	g.  There was no evidence showing the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

	h.  He provided multiple pages of electronic medical documentation from "VISTA," which he contended showed he suffered from bipolar disorder.  The earliest examination date referenced in this documentation was 23 May 2013.


	i.  The Board concluded that:

* The applicant's request for an upgrade of his discharge was insufficient evidence to support his request
* his available military personnel records were void of documentation showing he was diagnosed with bipolar disorder during his period of active military service
* the documentation he provided did not show he suffered from, or was diagnosed with, bipolar disorder at the time of his active military service
* a causal link could not be made between a bipolar disorder and the misconduct that precipitated his discharge
* It appeared his discharge resulted from repeated misconduct
* The Board made a presumption of regularity based on the absence of evidence to the contrary
* The Board denied his request based on the above and on no evidence showing an error or injustice in his case

4.  A certificate of completion, provided by the applicant, indicates that he successfully attended and completed a program titled: "Survival Skills for Men," presented by the Family Outreach Community United Services (FOCUS) on 
22 May 2012.

5.  A certificate of completion, provided by the applicant, indicates that he successfully attended and completed a program titled: "Cognitive Behavioral Therapy Core Treatment" at the Substance Abuse Clinic, Department of Veterans Affairs (VA), Ann Arbor Healthcare System, on 19 June 2012.

6.  A certificate of completion, provided by the applicant, indicates that he successfully attended and completed a program titled: "Core-CBT SUDC Group, Toledo VA Outpatient Clinic, on 6 August 2013.

7.  A letter of support, dated 30 October 2014, written by a deputy sheriff, states that he came to know the applicant as an employee in the building where he was recently assigned as the onsite sheriff.  The author describes the applicant as a dependable and dedicated employee who has admirable qualities that he uses to ensure his work is done efficiently, accurately and timely.  The applicant gets along with many of the employees of agencies working in the building and assists them with their needs.  The applicant is always available when needed.



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

   a.  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.

   b.  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.

   c.  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, and convictions by civil authorities.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by upgrading his under other than honorable conditions discharge to an honorable discharge because he has made many improvements in his life since he was diagnosed and treated for bipolar disorder.

2.  The applicant's new evidence has been carefully considered.  His good post-service conduct, as shown by his completion of these programs and by his good work as recognized by a deputy sheriff, is duly noted.  However, it does not sufficiently mitigate his repeated misconduct while on active duty.

3.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  In view of the above, the applicant's request should be denied.



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 AR20130018598, dated 19 June 2014.



      __________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)                                         AR20140007032



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ABCMR Record of Proceedings (cont)                                         AR20140019512



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