RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  16 October 2007
	DOCKET NUMBER:  AR20070007466 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. James E. Anderholm

Member

Mr. Joe R. Schroeder

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, in effect, reconsideration of his earlier appeal to upgrade his general discharge.

2.  The applicant states, in effect, that he disagrees with portions of the original consideration.   He contends that he was not present for his court-martial or allowed to sign anything; that he was not really absent without leave; that the mess sergeant was drunk and abusive; that he was diagnosed with chronic severe emotional instability; that he had never waived any of his rights; that he should have received a medical discharge; and that he did not receive any of the three military occupational specialties that he requested.

3.  The applicant provides a copy of his Department of Veterans Affairs (VA) medical record.

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 AR20060012140, on 20 March 2007.

2.  The applicant's VA medical records are new evidence that requires Board consideration.  These records cover a period from October 2003 to May 2006.

DISSCUSSION AND CONCLUSIONS:

1.  The applicant's VA medical records provide information regarding his medical condition as it is during the present time.  However, he was discharged approximately 34 years ago and there is no substantive evidence in these medical records to substantiate an argument that he should have been medically discharged at that time.

2.  The applicant's assertions about the details concerning his various disciplinary problems are merely restatements of previous arguments.

3.  There is no evidence of record and the applicant has not provided any substantiating evidence to support his contention that he was not permitted to attend his own court-martial, or that his commander advised him not to sign anything because he was being railroaded out of the Army.

4.  The evidence of record clearly shows that on 10 July 1970, the applicant signed and initialed documentation indicating that he waived consideration of his case by a board of officers, personal appearance, and representation by counsel. He also elected to not submit a statement on his own behalf.  The applicant also indicated on this document that he understood that he may expect to encounter substantial prejudice in civilian life in the event of receiving a general discharge under honorable conditions.

5.  The evidence of record clearly shows that the applicant was diagnosed with emotional instability, chronic-severe, manifested by low frustration tolerance, conflict with authority, and poor impulse control.  It also stated that he met retention standards and that there was no psychiatric disease or defect which warranted disposition through medical channels.  Therefore, a medical discharge would not have been deemed appropriate.

6.  The applicant's argument concerning his not receiving his choice of military occupational specialty and thus causing his animosity towards the Army is not sufficiently mitigating to overcome his misconduct and subsequent discharge due to unfitness.

7.  In view of the above, the applicant's request should not be granted. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JRS___  _JEA ___  __SLP __  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 AR20060012140, dated 20 March 2007.



__    Shirley L. Powers_________
          CHAIRPERSON
INDEX

CASE ID
AR20070007466
SUFFIX

RECON
 
DATE BOARDED
20071016 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
144
2.

3.

4.

5.

6.