RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2007 DOCKET NUMBER: AR20060014218 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. Gerard W. Schwartz Acting Director Mrs. Victoria A. Donaldson Analyst The following members, a quorum, were present: Mr. Paul M. Smith Chairperson Mr. David K. Haasenritter Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his general discharge be upgraded to an honorable discharge. 2. The applicant states he was not given a medical discharge after his suicide attempt as a cadet with ROTC (Reserve Officers’ Training Corps) and that he was an outstanding Soldier before he became sick. 3. The applicant did not provide any additional documentary evidence in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 14 October 1987, the date of his discharge. The application submitted in this case is dated 16 September 2006. 2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that the applicant had 3 years and 1 month of inactive duty and 5 months and 11 days of active duty service prior to his active duty service during the period 6 July 1987 through 14 October 1987. He was trained in, awarded, and served in military occupational specialty (MOS) 72E (Telecommunications Center Operator) and the highest rank he attained while serving on active duty was private first class/pay grade E-3. 4. The applicant’s record documents no acts of valor, significant achievement, or service warranting special recognition. 5. The record reveals a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on 29 July 1987, under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for wrongfully possessing a false identification card on or about 8 July 1987; for willfully disobeying a lawful order from an noncommissioned officer on or about 13 July 1987; and for attempting to wrongfully appropriating a pillow and pillowcase, the property of a commissioned officer on or about 13 July 1987. Records further show that the applicant received numerous written counseling during the period July 1987 through September 1987 for poor performance, failure to follow orders, and use of his chain of command 6. The applicant's records contain a Standard Form 600 (Chronological Record of Medical Care) which shows that he underwent a psychiatric evaluation on 26 August 1987. This report indicates that the applicant was referred to the Psychiatry Clinic at Womack Army Medical Facility and that he was hospitalized from December 1986 through February 1987 for major depression with psychotic features. This form further shows that the applicant has a valid physical examination at the time that he entered active duty on 6 July 1987 but that he answered "no" with regard to recent psychiatric history and was not evaluated concerning psychiatric issues. 7. The Standard Form 600 further shows that the applicant did not meet medical standards for admission on active duty but did meet the physical standards for retention and was diagnosed with major depression with psychotic features that was in remission and being treated with medicine. 8. On 29 September 1987, the applicant’s unit commander advised the applicant that he intended to recommend his separation from the Army under the provisions of paragraph 5-11 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), for a medical condition that would permanently or temporarily disqualify him for entry on active duty or active duty training for initial entry training had it been detected at that time. 9. On 1 October 1987, the applicant acknowledged that he was advised of the basis for the contemplated separation action, its effects, and of the rights available to him. 10. On 5 October 1987, the separation authority directed the applicant’s separation under the provisions of paragraph 5-11 of Army Regulation 635-200 and directed that he receive a general discharge. On 14 October 1987, the applicant was discharged accordingly. The DD Form 214 issued to him at the time, confirms the applicant completed a total of 8 months and 20 days of creditable active military service and 3 years and 1 day of prior inactive service. 11. Army Regulation 635-200, 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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 12. Army Regulation 635-200, 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 13. Army Regulation 635-200 (Personnel Separations) provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his general discharge should be upgraded to an honorable discharge was carefully considered and determined to be without merit. 2. Records clearly show that the applicant was counseled for substandard performance and that he was punished under the UCMJ for wrongfully possessing a false identification card; disobeying a lawful order from a noncommissioned officer; and attempting to wrongfully appropriate a pillow and pillowcase, the property of a commissioned officer. 3. The evidence also clearly shows that the applicant was diagnosed with, and hospitalized and treated for major depression with psychotic features prior to his separation. Military medical officials determined that the applicant met the physical standards for service on active duty; he did not meet the medical standards based on his psychiatric history. The evidence further shows that the applicant did not annotate that he had previous psychiatric problems at the time of his enlistment. 4. As a result of the foregoing, the evidence clearly shows that the applicant did not meet the requirements for service on active duty based on his psychiatric issues. Therefore, he did not meet the required military medical standards. 5. Additionally, the applicant's disciplinary records shows that he was counseled numerous occasions for poor performance of duty and that he was punished under the provisions of the UCMJ. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. This misconduct also renders his service unsatisfactory. Therefore, the applicant is not entitled to an honorable discharge. 6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 October 1987; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 October 1990. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __PMS__ _EEM_ _ __DKH___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. _Paul M. Smith_____ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON YYYYMMDD DATE BOARDED YYYYMMDD TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.