BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140019971 


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 for an upgrade of his undesirable discharge.

2.  The applicant states:

	a.  He wants his discharge upgraded to become eligible for medical benefits.  He received an inadequate mental health evaluation prior to his release from active duty.

	b.  His military experience profoundly impacted his life.  He was in deep mental distress and he was crying out for help with the disturbing realities of his life as evidenced by his errant behavior.

	c.  He was no longer capable of making any rational decisions about his own personal well being.

	d.  He had a seizure in August 1972 and other possible neurological problems which were never properly addressed.

	e.  He made his superiors aware of his marital problems as well as his mental state when he made a written statement requesting a general discharge.

	f.  Much has happened in his life over the past 40 years and he still remains estranged from his son who continues to have problems in his own life.  He sought psychological help in 2010 and he is now receiving Social Security Administration Retirement, Survivors, and Disability benefits.

	g.  He has remarried and developed a warm and loving relationship with his wife.

	h.  He first married in 1968 under threats from his girlfriend's mother.  He was 17 years old and his 14-year old girlfriend was pregnant with his child.  They struggled to succeed and after graduating from high school he joined the military in a last-ditch effort to save his family.

	i.  He was sent to Germany and was overlooked time and time again for housing accommodations for his family.  He extended his enlistment and his wife grew frustrated and eventually stated she wanted a divorce.

	j.  He chose drugs, alcohol, and running after loose women to escape the reality of his world of emotional hurt and mental anguish.  He broke down as a result of the monetary losses and psychological anguish of his marital difficulties.

	k.  He wanted to go home as quickly as possible to save his marriage and he accepted the terms of his release from active duty under duress.

	l.  When he arrived home he discovered his wife had moved without leaving a forwarding address and she later divorced him.  She told the courts he had abandoned her and she had no idea where he was.

3.  The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in lieu of an application for correction of military records with a self-authored statement and exhibits 13 through 22.  He also provides his original application containing exhibits 1 through 12.

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 AC97-05675 on 19 March 1998.

2.  The applicant presented a new argument citing he received an inadequate mental health evaluation prior to his release from active duty which was not previously considered by the Board and warrants consideration at this time.  He also provided post-discharge certifications, Social Security Administration disability benefits award letter, marriage certificate, and college diploma and certificate.

3.  The applicant enlisted in the Regular Army on 11 May 1971 for a 2-year period.  On 18 May 1971, he extended his enlistment for 1 year.

4.  A Standard Form 600 (Chronological Record of Medical Care), dated 21 August 1972, shows he was found face down in the mud.  He was transported to the Würzburg Army Hospital emergency room, Würzburg, Germany, where he was reported as totally unresponsive.  He gradually became responsive over 15 minutes later with stimuli.

5.  A Standard Form 502 (Narrative Summary), dated 22 August 1972, shows:

* he slowly woke up without medication
* no seizure activity was observed at the dispensary and facts were unknown about the episode in the field
* he complained of headaches only at the time of his admission to the intensive care unit
* he was closely observed and at no time did he demonstrate any evidence of syncope or seizure activity and there was no evidence of any neurological deficit
* he was doing well – alert, oriented, and without headaches on 23 August 1972
* he was discharged from the hospital on 24 August 1972 with a temporary physical profile and referred to the Neurology Department, Landstuhl Army Hospital, Landstuhl, Germany
* his hospital discharge diagnosis was determined to be seizure disorder, etiology undetermined
* he was discharged to duty with a temporary profile limitation

6.  A Standard Form 513 (Consultation Sheet), dated 12 October 1972, shows he was neurologically cleared for full duty.

7.  His records show he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, as follows:

* on 17 October 1972, for failing to report to his appointed place of duty at the prescribed time
* on 9 November 1972, for being disrespectful toward a commissioned officer
* on 5 March 1973, for being absent without leave (AWOL)
* on 21 March 1973, for being AWOL and breaking restriction
8.  The documents preferring court-martial charges leading to the applicant's request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, are not on file.

9.  An undated mental health status evaluation found the applicant had a clear thought process; he was mentally responsible and able to distinguish right from wrong and adhere to the right; and he had the mental capacity to understand and participate in board proceedings.

10.  On 31 July 1973 after consulting with counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  He was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits, that he might be deprived of his rights and benefits as a veteran under both Federal and State laws, and that he could expect to encounter substantial prejudice in civilian life by reason of an undesirable discharge.  He submitted a statement in his own behalf, in effect, asking for a general discharge under honorable conditions.  His wife was seeking a divorce and he was requesting discharge under chapter 10 rather than trial by court-martial in an attempt at reconciliation.

11.  On 6 August 1973, the separation authority approved his request for discharge and directed his reduction to the pay grade of E-1 and issuance of an Undesirable Discharge Certificate.

12.  On 8 August 1983, the applicant underwent a separation physical in which he indicated he was in "good health."  The summary of defects and diagnoses stated his physical examination was normal except one "blackout" period in August 1972 which remained unexplained.  He was found qualified for separation.

13.  On 10 September 1973, he was discharged for the good of the service under the provisions of Army Regulation 635-200, chapter 10, with his service characterized as under conditions other than honorable.

14.  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.

15.  On 25 February 1998, the ABCMR denied his request for an upgrade of his discharge.

16.  His records are void of and he failed to provide evidence showing he was diagnosed with a physical or mental health condition or that he had a medical condition warranting referral through the Army Physical Disability Evaluation System.

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

	a.  Chapter 10 provides that a member who 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.

	b.  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.  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.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial.  He voluntarily elected to be discharged in an effort to reconcile with his wife.  His records show he was well advised and fully aware of the consequences of his decisions.

2.  He underwent a mental status evaluation that found him qualified for discharge.

3.  In view of the foregoing, there is an insufficient evidentiary basis 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AC97-05675, dated 25 February 1998.



      ____________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)                                         AR20140019971



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ABCMR Record of Proceedings (cont)                                         AR20140019971



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