BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017190 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: 18 April 2017 DOCKET NUMBER: AR20150017190 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 for correction of the records of the individual concerned. ______________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: 18 April 2017 DOCKET NUMBER: AR20150017190 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 September 1989 to show: * his service was characterized as honorable * he was separated by reason of post-traumatic stress disorder (PTSD) instead of "misconduct - pattern of misconduct" 2. The applicant's request is significantly illegible; he states he is suffering from PTSD. 3. The applicant provides medical documentation from an emergency care facility. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's request includes correction of his DD Form 214 to show his service was characterized as honorable. The applicant's DD Form 214 currently shows his service was characterized as honorable; accordingly, there is no basis for considering this portion of his request. As such, this portion of his request will not be discussed further in this Record of Proceedings. 3. The applicant's complete military personnel and medical records are not available for review. A complete and thorough search was conducted; however, his records could not be located. This case is being considered based on the documents provided by the applicant. 4. The applicant's DD Form 214 shows he enlisted in the Regular Army on 19 July 1988. 5. The applicant's separation packet is not available for review in this case. However, his DD Form 214 shows he was honorably discharged on 11 September 1989, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b, based on a pattern of misconduct. He served on active duty for 1 year, 1 month, and 23 days. 6. There is no evidence that shows the applicant was diagnosed with PTSD or other mental health/behavioral health conditions during his period of military service. 7. The applicant provides: a. A Presence Saint Mary and Elizabeth Medical Center Emergency Department treatment record, dated 13 September 2015, which shows he was diagnosed with right-sided low back pain with right-sided sciatica and muscle spasm. b. A Cook County Health and Hospital System emergency department patient discharge summary, dated 18 September 2015, which shows he was scheduled for a follow-up psychiatry clinic appointment. c. A Northwestern Memorial Hospital emergency department treatment record, dated 26 September 2015, which shows he was diagnosed with urinary incontinence. d. The University of Chicago Medicine, Mitchell Adult Emergency Department, diagnosis, dated 29 September 2015, which shows he was diagnosed with acute left shoulder pain. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was separated by reason of PTSD instead of "misconduct - pattern of misconduct." 2. The applicant's DD Form 214 shows he was separated under the provisions of Army Regulation 635-200, chapter 14-12b, by reason of "misconduct - pattern of misconduct." 3. The applicant's military and medical records are not available for review. The evidence provided shows he received medical treatment after his period of military service, which included one follow-up appointment with a psychiatry clinic and emergency care treatment for medical concerns not related to PTSD. The medical documentation provided does not show he was diagnosed with PTSD. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016310 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017190 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2