PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2000                   
	DOCKET NUMBER:   AR2000045029

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his bad conduct discharge be upgraded.

3.  The applicant states that he was diagnosed with schizophrenia and a chapter 13 (unsatisfactory performance) packet was initiated on him.  While this was going on, he was being investigated by the Criminal Investigation Command (CID) and he went absent without leave (AWOL).  He turned himself in.  He was sent to a psychiatric ward where the military police picked him up without taking his medication.  He was court-martialed and confined for 2 years during which time he received no treatment.  His Certificate of Release or Discharge from Active Duty, DD Form 214, does not show his honorable prior service.  He provides his DD Form 214, his Certification of Military Service, and a 5-page medical document dated 15 May 2000 showing his schizophrenia diagnosis.

4.  Counsel believes it to be the applicant’s contention that if his disability had been recognized and treated that he would not have been involved in the unsatisfactory behavior.  In addition, the applicant should receive a corrected   DD Form 214 showing his prior honorable service.

5.  The applicant’s military records show that he enlisted in the Regular Army on 25 August 1983.  He completed basic training and advanced individual training and was awarded military occupational specialty 94B (Food Service Specialist).

6.  The applicant was honorably discharged on 18 August 1986 after completing 2 years, 11 months and 24 days of creditable active service with no lost time for the purpose of immediately reenlisting on 19 August 1986.

7.  On 16 January 1987, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for disobeying a lawful order to remain on post.  

8.  A 23 January 1987 entry in the applicant’s medical records shows he was seen at the Community Mental Health Service for a mental status evaluation as part of chapter 14 (misconduct) proceedings.  The mental status evaluation is not available.  An entry dated 7 April 1987 shows that he was seen as a medical referral from the Area Confinement Facility for anxiety and was diagnosed with possible methamphetamine abuse and possible thought disorder.  These findings were approved by the division psychologist.  It was noted that he was facing court-martial.  

9.  On 18 May 1987, the applicant was convicted by a general court-martial of two specifications of distributing meth (sic), being AWOL from 18 – 25 March 1987, and attempting to escape.   He was sentenced to confinement for 2 years, to forfeit all pay and allowances, and to be discharged with a bad conduct discharge.

10.  On 20 August 1987, the U. S. Army Court of Military Review affirmed the findings of guilty and the sentence.

11.  On 8 June 1988, the applicant completed a mental status evaluation and was found to be mentally responsible and to have the mental capacity to understand and participate in proceedings.  He also completed a separation physical and was found qualified for separation.

12.  On 24 June 1988, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial.  He had completed              7 months and 2 days of creditable active service during that period of service and had 457 days of lost time.

13.  Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

14.  The Department of Veterans Affairs (VA), in determining qualifications for benefits administered by that agency, generally holds that an individual who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until the VA or the Service Department determines that the early discharge amounted to a complete and unconditional separation from the service.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was seen as a medical referral for anxiety and was diagnosed with possible methamphetamine abuse and possible thought disorder prior to his court-martial.  Presumably, he was found to be psychologically fit to stand trial.   Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

2.  The applicant’s contentions (that he was, in effect, not fit to stand trial) relate to evidentiary and procedural matters which were finally and conclusively adjudicated in the court-martial appellate process and furnish no basis for recharacterization of the discharge.  However, it appears that his honorable discharge of 18 August 1986 should be considered as having been issued as a complete and unconditional separation.

3.  The circumstances of the applicant’s honorable discharge on 18 August 1986 may work an injustice upon him by depriving him of consideration for certain VA benefits for the preceding period of service.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 18 August 1986.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__hof___  __jpi___  __rks___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Hubert O. Fry, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045029	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.