IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150001927 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 Discussion IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150001927 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. IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150001927 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, his discharge under other than honorable conditions be upgraded. 2. The applicant states he suffered from mental illness at the time of his discharge. He was unaware of what he was doing at the time because of his schizophrenic disorder. 3. The applicant provides no additional evidence in support of his application. 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. On 11 March 1992, he enlisted in the Regular Army for 4 years. On 24 September 1992, he was assigned to Headquarters and Headquarters Company (HHC), 3rd Battalion, 41st Infantry Battalion at Fort Hood, TX. On 16 December 1992, he was assigned to HHC, 1st Battalion, 9th Cavalry Regiment at Fort Hood. 3. On 5 January 1994, court-martial charges were preferred against the applicant for being absent without leave from on or about 5 October 1993 to on or about 22 December 1993. 4. On 6 January 1994, he voluntarily requested discharge under the provisions of chapter 10 of Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel), in lieu of trial by court-martial. He acknowledged he understood the elements of the offense he was being charged with and that he was: * making the request of his own free will * guilty of the offense with which he was charged * afforded the opportunity to speak with counsel prior to making this request * advised he could be issued an under other than honorable conditions discharge * advised he could submit any statements he desired in his own behalf 5. He did not submit any statements in his own behalf. He acknowledged he understood he could expect to encounter substantial prejudice in civilian life if an under other than honorable conditions discharge was issued to him. He also acknowledged he understood he: * would be deprived of many or all Army benefits * may be ineligible for many or all Department of Veterans Affairs benefits * may be deprived of his rights and benefits as a veteran under both Federal and State laws 6. The appropriate authority approved the applicant's request for discharge in lieu of trial by court-martial. He directed his reduction to private/pay grade E-1 and that he receive an under other than honorable conditions discharge. 7. On 28 April 1994, the applicant was discharged under the provisions of chapter 10 of AR 635-200, in lieu of trial by court-martial. He completed 1 year, 11 months, and 1 day of net active service this period that was characterized as under other than honorable conditions. He had 79 days of time lost. 8. His service medical records were not available for review. 9. There is no indication he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within that board’s 15-year statute of limitations. 10. In the processing of this case, on 20 August 2015 the Case Management Division (CMD), Army Review Boards Agency (ARBA), requested any documents the applicant may have that supported his issue of a mental health condition (schizophrenia). His case was placed on hold for 90 days. No response was received from the applicant. REFERENCES: AR 635-200 sets forth the basic authority for the administrative separation of enlisted personnel. a. Chapter 10 states 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. 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. b. 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. 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 contends he was unaware of what he was doing at the time of his discharge due to his schizophrenic disorder. However, he provided no evidence to support his contention. His medical records were not available for review. A request from CMD, ARBA, to the applicant for medical evidence to support his application went unanswered. 2. He was charged with an offense punishable by a punitive discharge. He consulted with counsel, voluntarily admitted guilt to the offense or lesser offenses included, and requested discharge in lieu of trial by court-martial. He acknowledged in his request for discharge that he could receive an under other than honorable conditions discharge. Therefore, his request for discharge was administratively correct and in conformance with applicable regulations. 3. The type of discharge directed and the reasons for discharge were appropriate considering all the facts of the case. There is no evidence of procedural or other errors that would have jeopardized his rights. 4. He had 79 days of time lost and he failed to complete the term of his enlistment. His service is deemed to be unsatisfactory. A discharge under other than honorable conditions is normally considered appropriate for discharges under the provisions of AR 635-200, chapter 10. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150001927 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150001927 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2