BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160001803 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: 27 July 2017 DOCKET NUMBER: AR20160001803 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: 27 July 2017 DOCKET NUMBER: AR20160001803 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 previous request for an upgrade of his discharge under other than honorable conditions to honorable. 2. The applicant states: a. He is a veteran of the U.S. Army and served in defense of his country during the period 1990 to 1991. b. He was exposed to a lot of gases while serving in support of Operation Desert Storm. c. His mother was in a bad accident in Hamlet, NC, on 3 September 1991 at the Imperial Foods processing plant and her life was in jeopardy that day. d. He has been medically examined for post-traumatic stress disorder, sleep apnea, and exposure to nerve agent gases. He believes he has a pinched nerve that has never been checked. He needs medical assistance. e. He is submitting his mother's medical documents from the accident. He was told about his mother's accident while he was standing in formation. He was assigned to Fort Bragg, NC, and he was granted leave to be with his mother. His family members can confirm his status in regard to his mother's injury. f. He was sworn into the Army to serve and protect his country and he had done that until the time of his mother's accident. He fought in support of Operation Desert Storm. He did not desert the Army and aimed for a 20-year career. His mother's death occurred at the same time he was returning from deployment and it was a major blow for him. He was young and had his whole life ahead of him as a Soldier. It was not his intent to be absent without leave (AWOL). 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * letter addressed to the Department of Veterans Affairs * two letters of support * his mother's medical documents 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 AR20130005696 on 21 November 2013. 2. The applicant provided letters of support and his mother's medical documents as new evidence the Board did not previously consider. This new evidence warrants consideration by the Board at this time. 3. The applicant enlisted in the Regular Army on 3 October 1989. 4. The Defense Manpower Data Center (DMDC) database shows he served overseas in support of Operations Desert Shield/Desert Storm from 1 September 1990 to 17 March 1991. 5. Block 21 (Time Lost) of his DA Form 2-1 (Personnel Qualification Record – Part II) lists periods of AWOL from 17 October through 28 October 1991 and on 5 November 1991. His service records do not include records of nonjudicial punishment for these periods of AWOL. 6. On 12 May 1994, court-martial charges were preferred against him for being AWOL from on or about 12 November 1991 to 7 May 1994. 7. On 12 May 1994, he consulted with legal counsel and he voluntarily requested discharge for the good of the service in lieu of trial by court-martial. His request for discharge states he was not subjected to coercion with respect to his request. He was advised that he might be discharged under conditions other than honorable, he might be deprived of many or all Army benefits, he might be ineligible for many or all benefits administered by the Department of Veterans Affairs, he might be deprived of his rights and benefits as a veteran under both Federal and State laws, and he might expect to encounter substantial prejudice in civilian life if he was given a discharge under other than honorable conditions. He did not submit statements in his own behalf. 8. The applicant's immediate and intermediate commanders recommended approval of the applicant's request for discharge with characterization of his service as under other than honorable conditions. 9. The separation authority approved the applicant's request for discharge and directed his discharge under other than honorable conditions and reduction to the rank/pay grade of private/E-1. 10. he was discharged on 29 November 1994 under the provisions of Army Regulation 635-200 (Enlisted Separations – Enlisted Personnel), chapter 10, in lieu of trial by court-martial. His service was characterized as an under other than honorable conditions. His DD Form 214 shows the following periods of lost time: * 17 to 28 October 1991 * 5 November 1991 * 12 November 1991 to 28 January 1993 (not chargeable) * 29 January 1993 to 6 May 1994 11. The applicant provided a letter addressed to the Department of Veterans Affairs in which he stated he was raised by a single parent, had two other brothers, joined the Army, completed basic training, and was assigned to Fort Bragg. He deployed to Saudi Arabia in support of Operation Desert Storm. His unit returned to Fort Bragg and orders were issued for Soldiers to take leave. 12. On 3 September 1991, he received an emergency call that his mother was involved in a terrible fire at her job. He was dismissed on emergency leave for 24 hours. His mother was on life support for 11 days. He had two brothers who did not live close by. He described his mother's serious physical condition and his decision to take her off life support. He had to take care of all of her personal business. Meanwhile, he was experiencing the effects of his deployment by not sleeping, eating right, change in attitude, and breaking out in a rash. After burying his mother, he had to pay her funeral expenses and medical bills that accumulated while she was in the hospital. After the death of his mother, his brother was killed and he was in no shape to return to duty. He was AWOL because of his tour of duty and on behalf of his mother and brother. He did for his country what he promised with pride and with honor. He apologized for being AWOL and requested an upgrade of his discharge to allow him to be part of his family legacy. 13. He provided a letter from his aunt F____ P____ (mother's sister), dated 5 January 2015, who stated her sister became very ill and was eventually placed on life support until her death. She stated the applicant could not deal with his mother's death and the Army issues at the same time. The applicant later lost his oldest brother and he had marital problems. He became overwhelmed and gave up. He joined a church, but he just could not get his life together. 14. He provided a letter from his aunt J____ D____, dated 10 January 2015, who stated the applicant lost his father at a young age. She stated the applicant saw things in the Army that he never saw before, such as people dying, and he was a little out of it when he came home. When it was time for him to return home, he could not because his mother was in a plant fire in North Carolina. The applicant had to deal with the loss of his mother and his brother, and he had marital problems. The applicant lost everything he made, which put a lot of pressure on his grandmother, his aunts, and his kids. 15. He provided history and physical medical documents belonging to his mother, M____ B____, that show she received treatment at McLeod Regional Medical Center, Florence, SC, for hypertension, non-Q-wave myocardial infarction, and coronary artery disease. These documents are dated between August 1995 and August 1996. A letter, dated 16 December 2015, indicates M____ B_____ was a patient at McLeod Regional Medical Center on 16 August 1995 to 17 September 1996. 16. The applicant's military personnel records failed to reveal any indication that he applied to the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. When a Soldier is to be discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade. b. 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 or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. 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. DISCUSSION: 1. The applicant's DA Form 2-1 shows he was AWOL from 17 through 28 October 1991 and on 5 November 1991. His service records are void of disciplinary action for these periods of AWOL. 2. The applicant's service records show charges were preferred against him for being AWOL from on or about 12 November 1991 to 7 May 1994. He accrued 920 days of lost time. 3. Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial. The evidence shows that after receiving advice from legal counsel, the applicant voluntarily requested discharge for the good of the service in lieu of trial by court-martial. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. 4. The evidence of record shows the applicant served in Southwest Asia in support of Operations Desert Shield/Desert Storm from 1 September 1990 to 17 March 1991. His service records are void of evidence that indicates he was exposed to a lot of gases during this period. 5. The applicant contends he was medically examined for post-traumatic stress disorder, sleep apnea, and exposure to nerve agent gases and he needs medical assistance. He provided no evidence in support of this contention. 6. The medical documents submitted by the applicant show his mother received treatment for hypertension, non-Q-wave myocardial infarction, and coronary artery disease at the McLeod Regional Medical Center from 16 August 1995 to 17 September 1996, more than 4 years after his redeployment from Southwest Asia and more than 8 months after his separation. 7. A characterization of service of under other than honorable conditions was normally appropriate for a Soldier discharged under the provisions of Army Regulation 635-200, chapter 10. The evidence of record does not indicate the actions taken in the applicant's case were in error or unjust. The characterization of service he received was commensurate with the reason for his discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001803 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001803 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2