IN THE CASE OF: BOARD DATE: 20 July 2020 DOCKET NUMBER: AR20180010424 APPLICANT REQUESTS: Correction of his record to change his undesirable discharge to a medical discharge under honorable conditions. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Spouse statement * Medical records * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 7 January 1966 * Undesirable Discharge Certificate, dated 7 January 1966 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he had a medical problem with bedwetting, and the main reason he went absent without leave (AWOL) was because he was too embarrassed to tell anyone about the problem and condition. He was diagnosed with sleep enuresis (bedwetting) in adults with diabetes in February 1966. He suffered a lot of embarrassment with the bedwetting until he was almost 35 years old. 3. A review of the applicant's official records shows the following: a. On 6 February 1964, the applicant enlisted in the Army of the United States. b. A DA Form 20 (Enlisted Qualification Record) shows the applicant was AWOL during the following periods: * 8 May 1964 * 10 – 14 May 1964 * 5 January – 23 March 1965 * 15 June – 28 July 1965 c. On 21 October 1965, the applicant was arraigned at a special court-martial convened by the Commander, Special Troops, U.S. Army Garrison, Fort Dix, NJ, and was tried for violating the Uniform Code of Military Justice, Article 86. The court found him guilty of being AWOL from 15 June – 29 July 1965. d. The court sentenced him to hard labor for 6 months, and forfeiture of $62.00 per month for 6 months. e. On 11 December 1965: (1) The commander, Special Troops, U.S. Army Garrison, Fort Dix, recommended the applicant be separated from the service under the provisions of Army Regulation 635-208 (Discharge Unfitness), and further recommended the applicant be furnished an undesirable discharge. (2) The applicant's intermediate commander recommended approval. f. On 20 December 1965, the applicant completed DA Form 1049 (Personnel Action) wherein he acknowledged notification of his commander's recommendation for an undesirable discharge under the provisions of AR 635-208, paragraph 3a. He consulted with counsel and made the following elections; * he did not request his case to be heard by a board of officers * he elected to submit a statement on his behalf * he understood if an undesirable discharge was issued, the discharge would be under conditions other than honorable * he would be deprived of many or all rights as a Veteran under both Federal and State laws, and he may expect to encounter substantial prejudice in civilian life * he voluntarily signed the statement of his own free will g. On 29 December 1965, the separation authority approved the applicant's discharge under the provisions of AR 635-208, paragraph 3a, and directed the issuance of an undesirable discharge. h. On 7 January 1966, the applicant was discharged from active duty with an under conditions other than honorable characterization of service. He completed 1 year, 1 month, and 5 days of net active service. His DD Form 214, item 32 (Remarks), shows he had a total of 303 lost days. 4. The applicant provides: a. Spouse's statement wherein she states she had been married to the applicant for 50 years. He had a bedwetting problem until he was 35 years old. This has been a very embarrassing problem for him to tell anyone. He was very sorry about going AWOL and he would like to be able to get his undesirable discharge upgraded to honorable before he dies. b. Medical records showing the applicant's current medications and medical conditions. c. Undesirable Discharge Certificate showing the applicant was discharged from the Army of the United States as undesirable. 5. The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. The applicant is applying to the ABCMR requesting a discharge upgrade contending that the misconduct leading to his undesirable discharge was due to medical reasons. The applicant states he suffered from nocturnal enuresis (bedwetting) while in the Army and he went AWOL on multiple occasions because he was too embarrassed to tell anyone about his problem. He reports that he was “diagnosed with sleep enuresis...in February 1966…” Documentation reviewed included the applicant’s completed DD Form 149 and supporting documentation, his military separation documentation, applicant-provided civilian medical documentation and the electronic VA medical record (JLV). The military electronic medical record (AHLTA) was not reviewed as it was not in use during the applicant’s time in service. No hard copy military medical records were provided for review. a. In his ABCMR application, the applicant states that the main reason he went AWOL was because he was too embarrassed to tell anyone about his bedwetting condition. He reports he was diagnosed with sleep enuresis in February 1966. In her statement to the ABCMR, the applicant’s wife states that she has been married to the applicant for fifty years and that he suffered from nocturnal enuresis until the age of 35. b. Applicant-provided civilian medical documentation consists of a medical note from a urologist, dated 13 Feb 2018. This note indicates that the applicant has been diagnosed with diabetes, angina, coronary artery disease, acid reflux, high blood pressure, high cholesterol, and colorectal cancer. In addition, the following urological problems were noted: 1) slowing of urinary stream; 2) urgent desire to urinate; 3) nocturia (frequent nighttime urination); and 4) increased frequency of urination. c. Review of the VA electronic medical record (JLV) indicates that the VA has no medical records pertaining to the applicant. d. In summary, the applicant states that his multiple incidents of AWOL while on active duty were due to embarrassment he felt secondary to wetting the bed at night. His wife supports this assertion in her statement to the ABCMR. The applicant reports that he was diagnosed with sleep enuresis secondary to diabetes in February 1966, one month after he was separated from active duty. Medical documentation provided by the applicant indicates that, as of Feb 2018, he was still suffering from various bladder- related conditions to include nocturia. e. Enuresis is a well-known psychological condition. While it usually occurs in childhood, it is known to occur in 1-3 % of adults. It is associated with significant negative psychosocial effects in adults. Adult enuresis sufferers experience shame and embarrassment as well as lowered self-esteem and social avoidance behavior. In the applicant’s case, he states, and his wife of fifty years confirms, that he suffered from nocturnal enuresis until the age of 35. Moreover, he reports that he was diagnosed with “sleep enuresis” in February 1966, one month after he was separated from the Army. There is no military medical documentation of the applicant being evaluated for enuresis while on active duty. This fact in no way means that the applicant did not suffer from this condition. Most young Soldiers with this problem would avoid telling anyone about it and certainly would not report to sick call with this complaint. Given the psychology of young adult males living together in a barracks, it is understandable why the applicant chose to absent himself without leave rather than remain and be ridiculed for a medical condition he had no control over. f. Therefore, after considering all of the available evidence and in accordance with the 25 August 2017 “Kurta Memorandum” which states “Liberal consideration will be given to veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Evidence may come from sources other than the veteran’s service record and may include … statements from family members, friends, roommates, co-workers, fellow service members or clergy…”, it is the opinion of the Agency psychiatrist that the applicant had a mitigating behavioral health condition, enuresis. As there is an association between enuresis and social avoidance behavior, there is a nexus between the applicant’s enuresis and his multiple incidents of AWOL. 6. See applicable references below. ? BOARD DISCUSSION: 1. The Board carefully considered the applicant's request, supporting documents, evidence in the records, a medical advisory opinion, and published Department of Defense guidance for liberal consideration of discharge upgrade requests. The Board considered the applicant's statement, his record of service, the frequency and nature of his misconduct, and the reason for his separation. The Board considered the applicant's enuresis claim and the review and conclusions of the medical advising official based on available medical records. 2. The Board concurred with the ARBA Medical Advisor's conclusion that there is a nexus between the applicant's enuresis and his multiple incidents of AWOL. The Board agreed that, had he raised his problem with a medical provider during his service, he would likely have been honorably discharged as being unfit for continued service due to his condition. The Board found sufficient evidence of in-service mitigating factors to support a recommendation to change the reason and authority for his discharge and to upgrade the characterization of his service. 3. Based on a preponderance of evidence, the Board determined the applicant's record should be corrected to show he was honorably discharged by reason of "condition, not a disability." Although that narrative reason for separation was not in use at the time of the applicant's service, the Board agreed it would be equitable to apply it retroactively in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing his DD Form 214 for the period ending 7 January 1966 to show the following: * Character of service: Honorable * Reason and authority: Army Regulation 635-200 * Narrative reason for separation: Condition, not a disability 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. REFERENCES: 1. Title 10, USC, 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 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. 2. AR 635-208 (Discharge – Unfitness) in effect at the time states individuals will be discharged by reason of unfitness with an undesirable discharge, unless the particular circumstances in a given case warrant a general or honorable discharge. 3. AR 635-209 (Discharge – Unsuitability) in effect at the time states enuresis (bedwetting) may result from many different organic or psychiatric conditions, but is most often a product of a character and behavior disorder. Its presence rarely necessitates separation from the military service, but when it exists among other manifestations of a character and behavior disorder, it may render an individual unsuitable for further military service. 4. AR 635-200 in effect at the time sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-9d states that an honorable discharge is given when the quality of the Soldier’s service has generally met standards of acceptable conduct and duty performance. b. Paragraph 1-9e states 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. c. Paragraph 1-9f states an under other than honorable conditions discharge is an administrative separation from the service under conditions other than honorable. It may be issued for unfitness, misconduct, homosexuality, or for security reasons. Whenever an under other than honorable conditions discharge is authorized by regulation, a member may be awarded either an honorable or general discharge if, during the current or a prior enlistment or period of service or voluntary or involuntary extension of either, he has been awarded a personal decoration or if warranted by the particular circumstances of a specific case. 5. On 25 August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole, or in part, to: mental health conditions, including PTSD; TBI; sexual assault; and sexual harassment. Boards were directed to give liberal consideration to veterans petitioning for discharge relief when the application for relief is based in whole or in part to those conditions or experiences. The guidance further describes evidence sources and criteria, and requires Boards to consider the conditions or experiences presented in evidence as potential mitigation for that misconduct which led to the discharge. 6. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010424 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1