BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150008537 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ __x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150008537 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 AC93-06706, dated 21 June 1985. ___________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. BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150008537 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 request for an upgrade of his discharge under other than honorable conditions. 2. The applicant states he was suffering from schizophrenia during his military service. He has been diagnosed as a schizophrenic. He tried to request an administrative discharge; however, he was court-martialed. 3. The applicant does not provide any additional evidence. 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 AC93-06706, dated 21 June 1985. 2. The applicant enlisted in the Regular Army on 27 May 1981. 3. He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on: * 8 December 1981, for wrongfully possessing marijuana * 9 December 1982, for leaving his appointed place of duty without authorization 4. He was convicted by a summary court-martial for three specifications of failure to repair. 5. A Report of Mental Status Evaluation, dated 1 August 1983, cleared him for separation. He was found to meet the medical retention requirements of chapter 3, Army Regulation 40-501 (Standards of Medical Fitness). There were no annotations that he suffered from mental illness. 6. His separation processing packet containing the facts and circumstances of his separation are not available for review. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 1 August 1983 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) for the good of the service. His service was characterized as under other than honorable conditions. 7. There is no evidence in his service record showing he sought assistance from his chain of command for issues involving a medical condition, or that he notified his chain of command that his disciplinary problems were a result of a medical condition. 8. His available records are void of any evidence and he does not provide any evidence showing a diagnosis of or treatment for schizophrenia or any mental health issues or problems throughout his period of active service. 9. On 17 July 1985, the Army Discharge Review Board (ADRB) denied his request for an upgrade of his discharge. REFERENCES: 1. Army Regulation 635-200, then in effect, set forth the basic authority for the administrative separation of enlisted personnel. a. Chapter 10 stated that a member who had committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial at any time after the charges have been preferred. The Soldier was required to consult with defense counsel and to have voluntarily and in writing requested separation from the Army in lieu of trial by court-martial. The request must include the Soldier's acknowledgement that the Soldier understood the elements of the offense(s) charged and that the Soldier was guilty of the charge(s) or of a lesser included offense therein contained which also authorized the imposition of a punitive discharge. A discharge under other than honorable conditions was normally considered appropriate. b. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would have been clearly inappropriate. c. A general discharge is a separation from the Army under honorable conditions. When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Although his separation packet was not available for review by this Board, in order to be discharged under the provisions of chapter 10 of Army Regulation 635-200, charges would have been preferred against him for an offense for which the authorized punishment included a punitive discharge. After consulting with counsel, he could request his discharge in writing by admitting he was guilty of the offenses as charged and acknowledging that he could receive a discharge under other than honorable conditions. 2. He contends that he was suffering from schizophrenia and has been diagnosed as a schizophrenic; however, his available records are void of any evidence and he does not provide any evidence showing a diagnosis of or treatment for schizophrenia or any mental health issues or problems throughout his period of active service. 3. In the absence of evidence to the contrary, it is presumed that all requirements of law and regulations were met and his rights were fully protected throughout the separation process and that the type of discharge and the reason for separation were appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008537 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2