IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20140018537 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20140018537 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the character of his discharge from under other than honorable conditions to general under honorable conditions. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading his discharge to fully honorable. _____________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. IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20140018537 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 an upgrade of his discharge under other than honorable conditions (UOTHC) to honorable. 2. The applicant states he was suffering from alcoholism which was the cause of his discharge UOTHC in 1992. Since then he has been treated for depression, bi-polar disorder, and being suicidal, but he is now staying sober with the help of treatment and medication. Prior to his alcoholism in the service, he was a good Soldier and an asset to his unit while deployed to Saudi Arabia and Iraq. He needed help with his alcoholism, but he was not offered mental health treatment or counseling before his discharge. He wants his discharge upgraded so he can receive Department of Veteran Affairs medical benefits. 3. The applicant provides: * civilian psychiatric evaluation, dated 13 September 2014 * civilian medical progress report, dated 12 September 2014 * civilian hospital discharge summary, dated 3 September 2014 * civilian hospital physician progress notes, dated 2 September 2014 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 military records show that while he was a student at the University of Rhode Island, he successfully completed Reserve Officers' Training Corps (ROTC) basic training in the summer of 1980 with good test scores. He was offered and accepted a 2-year ROTC scholarship on 3 September 1980. He was disenrolled from University of Rhode Island on March 1981 and was subsequently discharged from the ROTC Program on 1 April 1981. 3. He enlisted in the U.S. Army Reserve under the Delayed Entry Program on 4 September 1990 for subsequent enlistment in the Regular Army for a period of 5 years in military occupational specialty (MOS) 93P1P (Aviation Operations Specialist, Airborne). At that time he was 29 years old, married, and had two children. 4. He successfully completed basic training, flight operations coordinator training, and airborne training and he was promoted to the rank of private/E-2 on 8 February 1991. 5. On 19 February 1991, he was assigned to 3rd Battalion, 101st Aviation Regiment, in Saudi Arabia. He was in an imminent danger area from 19 February 1991 to 12 April 1991. He participated in the Liberation and Defense of Kuwait campaign. He was awarded the Southwest Asia Service Medal with two bronze service stars. On 20 May 1991, he was reassigned with his unit to Fort Campbell, KY. 6. On 1 August 1991, he was promoted to private first class/E-3. 7. On 17 August 1991, he was awarded the Army Commendation Medal for exceptionally meritorious service while in engaged in operations against an enemy during Operation Desert Storm as a flight operations specialist. 8. In February 1992, the 3d Battalion, 101st Aviation Regiment, deployed to Fort Hood, TX, to undergo transition. 9. During the period 2-19 April 1992, the applicant was charged with eight specifications of violating of the Uniform Code of Military Justice: * three for disobeying lawful orders to go the hospital for a blood test on 2 April 1992 and one for failure to report for the same * one for disobeying a lawful order to attend Alcohol and Drug Abuse Prevention Program (ADAPCP) counseling on 6 April 1992 * one for disobeying a lawful order not to leave the installation on 6 April 1992 * one for failing to go to 0730 work call on 7 April 1992 * one for being absent without leave from 7-19 April 1992 10. On 20 April 1992, the applicant requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. On 28 April 1992, the general court-martial convening authority approved the applicant's request for discharge and directed his discharge UOTHC and reduction to the rank of private/E-1. 11. The applicant was so discharged on 6 May 1992. 12. The Department of the Army Office of the Surgeon General reviewed the limited medical record evidence provided by the applicant and in the absence of military service treatment records from the time of his separation, opined that the applicant may have suffered from a severe mood disorder and alcohol use disorder at the time of his separation based on the limited medical record evidence. A copy of the Office of the Surgeon General advisory opinion was provided to the applicant for his comment and/or rebuttal. He did not respond. 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 UOTHC is normally considered appropriate. 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. While applicant acknowledges that his alcoholism contributed to his discharge UOTHC for the good of the service in lieu of trial by court-martial, he contends he was not offered mental health treatment or counseling before his discharge. However, his court-martial charges show his command tried to get him help by ordering him to take blood tests, which are precursor to alcohol abuse treatment, and his command ordered him to attend ADAPCP. The applicant failed to comply with the command's efforts to help him with his alcoholism. 2. The applicant also contends that in addition to alcoholism, he had a long history of depression and has been diagnosed with bipolar affective disorder and suicidal ideation since being discharged. He presented civilian medical documentation from 2014 to support this contention. The applicant was discharged in 1992. These mental health conditions were documented 22 years after his discharge and there is no evidence of military service treatment records that the mental health disorders existed at the time of his discharge in 1992. 3. The applicant requested voluntary discharge in lieu of trial by court-martial and his request was granted, thus removing himself from military assistance with his alcoholism. His discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, with a character of service of UOTHC was properly executed. 4. The applicant's military records show he was a successful Soldier for 18 of his 19 months of service up until the incidents on 2-7 April 1992 that resulted in his court-martial charges, 7 April 1992 being when he was absent without leave. It appears the charges were all related to this isolated set of related events during 1 week and his records are void of any other misconduct. His records show he satisfactorily completed demanding training for his technical specialty and as an airborne Soldier. He was promoted on time twice. He served exceptionally meritoriously while engaged in operations against an enemy during Operation Desert Storm and was awarded the Army Commendation Medal. However, his record of service is not sufficiently meritorious due to his court-martial offenses to warrant an honorable discharge. 5. As a matter of compassion in recognition of his otherwise satisfactory service for 18 of his 19 months of service and his exceptionally meritorious service while engaged in operations against an enemy, his discharge UOTHC appears to merit an upgrade to general under honorable conditions. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20140018537 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20140018537 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2