ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 October 2021 DOCKET NUMBER: AR20210006056 APPLICANT REQUESTS: upgrade of his general discharge under honorable conditions APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement * two letters of support * 160 pages of service and service medical records FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, United States Code, 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: a. It recently came to his attention that it may be possible to have his general discharge under honorable conditions upgraded to honorable. He is hopeful the circumstances of his separation from service will warrant the Board’s consideration. b. Attached are his military records, a personal letter to the Board, and character reference letters for the Board to consider in their decision. His untreated depression, insomnia, marital problems, and ongoing staph infection as a young Soldier played a huge part in a grave mistake he made which does not reflect his overall military performance or character of service. He had otherwise excelled in his career in the Army in the prior 3 plus years and had planned to make a career out of the military. c. He is now 58 years old and would like to be able to be proud of his accomplishments as a veteran. For so many years he has been silently ashamed of this single offense. He has never been a drug user or even a drinker. He would like to be able to join the Green Beret Foundation, to get a veteran tag, and to go to the Department of Veterans Affairs (VA). He is willing to go to Washington D.C. before the Board if need be. d. Looking back, he is sure he was suffering from untreated major depression during this time. He had contracted a staph infection while deployed overseas in Egypt, which would not clear up. He also had stomach problems, chronic insomnia, painful boils from the infection, suffered side effects from the antibiotics he was taking, and a marriage that fell apart with his wife leaving him. Those are some of the physical and mental stressors contributing to the depression. He sought help, but there just wasn’t any help at the time. e. In August 1981, his father’s best friend, Sergeant Major , informed him there may be an opportunity to enlist for the U.S. Army Special Forces. He had been a Cub Scout, a Boy Scout, and an Explorer, as well as a Son of the American Legion, and he wanted to serve his country. His father had served during the Korean conflict and was the Post Commander of the local American Legion. He also had an older brother also serving in the US Army. Service members with at least one enlistment, and a grade of E-5 were usually the only candidates considered for Special Forces training, so after meeting the Armed Services Vocational Aptitude Battery (ASVAB) score requirement, he jumped at the opportunity. At the age of 19 he enlisted in the Delayed Entry Program (DEP) for 3 years in the Special Forces, beginning November 1981. f. Basic Combat Training (BCT) and Advanced Individual Training (AIT) went by very quickly, as did Airborne School, although he did sprain his right ankle rather severely on his first of five jumps at Ft. Benning, GA. The folks at the Troop Medical Clinic (TMC) fixed him up with a cast, but he was determined not to miss his Special Forces pre-phase date, so after the weekend he cut the cast off, laced his boots up that much tighter, and made his last four jumps. It hurt a lot, but his goal was accomplished, and he was off to Ft. Bragg, NC, for pre-phase. This was where the young candidates were combined with the more tenured and higher-ranking candidates, and he was made aware that he was a "Special Forces Baby." Most of the veterans in their class were accepting of them and did their best to get the rookies up to speed, but there were also those who resented them for not serving time in the conventional Modification Table of Organizational Equipment (MTOE) units where they had paid their dues. He made it through pre-phase, and all three phases of Special Forces training, losing many comrades along the way either to failure, injury, or deciding Special Forces was just not the life they wanted to pursue. He graduated in February 1983, without ever being recycled. He was very proud to have been a Special Forces Qualification Course graduate. He was assigned to Base Operations Platoon 1, Signal Company, 5th Special Forces Group. He was a Communications Specialist, and all “commo” graduates were required to spend at least 6 months’ tenure in Group Signal Companies before being assigned to A-Teams. g. The next year would be packed with learning new skills, field deployments, and operations outside the continental U.S. (OCONUS). One such operation was JRX Bright Star, which was based out of Cairo West Airfield in Egypt. This was a huge, multi-unit, 2-month exercise, at the end of which the 5th Group Commander, Colonel thought enough of him to take the time to write a Certificate of Achievement for his mission performance during the operation. He was only a private first class (PFC) at the time, and was about as proud as could be, but unfortunately, he also brought back with him from the operation a very persistent strain of staph. h. A few days after returning to Ft Bragg, NC, he went to the TMC with intense pain on his back and they discovered two silver dollar sized boils, one on each side of his back. These were causing deep cellulitis and had to be lanced, drained, and wicked. He was in agony during the procedure, and the scars he has from them look like bullet holes. The antibiotics he was given seemed to work, but the infection would continue to return through the remainder of his enlistment; however, he would always find a way to soldier through it. i. By the spring of 1984 he had decided he wanted to be a career Special Forces soldier, so he spoke to his company commander and re-enlisted for the next 5 years in May. He had heard the old 1st Special Forces Group was being reactivated at Ft. Lewis, WA. He wanted to be in on the beginning of something new and challenging, so he packed up his wife and himself, and took enough leave to get moved to the West Coast. In June, he was assigned to his first A-team, Operational Detachment Alpha (ODA)-172. j. He got along very well with all his team brothers except one, who was his senior “commo” noncommissioned officer (NCO). He was one of the fellows who did not accord much respect to "baby Special Forces" guys like himself, but it was minor, at first. Getting the battalion set up and beginning the process of becoming battle ready was grueling, but very competitive, as no detachment wanted to be a weak link. He concentrated on his job, and cross training with other detachment members and was very happy, except for the staph infection that kept coming back. k. At the end of June, his wife announced she was pregnant. It was a major surprise, as her physician had told her she could not become pregnant, and they had resigned themselves to not having kids. This also made his decision to reenlist an easy one. He was scared and not ready to be a dad, but told his wife they’d adapt. She was not so agreeable and expressed trepidation with him being gone so much. It would get worse. He was a specialist four promotable by that time, and in September 1984 he and another detachment member were sent across the parade ground to the NCO Academy. He graduated with honors later that month, exceeding course standards, which is limited to 20 percent of the class, and was promoted to sergeant in December. l. During the 90-day period between September and December, three things happened that made his life very difficult. When he returned to the detachment, his senior communications NCO was beginning to become openly hostile towards him, his wife expressed a desire to return home, and his staph infection returned with a vengeance. He had been given a new antibiotic called Velosef to try and knock it out once and for all, and he ended up in the hospital. He vomited violently for more than 10 hours straight. They gave him drugs to stop the vomiting and he could not take the medication to treat the infection any longer. The pain of the infection was robbing him of much needed sleep at night. It had migrated to his lower extremities and traveling long distances with the heavy loads they always carried on field training exercises was getting the best of him. Like always, he toughed it out. m. Just before Christmas 1984 his wife flew home to South Carolina, leaving him with a thinly veiled ultimatum that he needed to decide whether he wanted an Army career or a family. This added to his dilemma, and by January he was a full-fledged insomniac and at a loss as to what to do about it. He did not drink at all and had been advised alcohol interferes with antibiotics. All the antibiotics he had to take left him with no desire to go to TMC for anything, and there was no one for him to confide in. In group, any admission of any type of weakness was already indoctrinated out of them, as they had to maintain the Superman image as Green Berets. He had lost about 20 pounds between before the holidays and the middle of January and one of his team medics that had been treating his staph infection told him he was looking pretty bad. He asked if he was sleeping and he told him honestly no and that he wasn't taking any Gl remedy (drinking). He said maybe weed would help. Under normal circumstances he would most likely have laughed him off the deuce and a half, but you must understand, at that time he was absolutely desperate to get more than an hour of sleep at a time and he was so beat he knew if he didn't do something he was either going to screw up really bad or just collapse, so he took the suggestion under consideration. That weekend he got some pot from a neighbor who'd invited him over to watch the Super Bowl. He smoked some and went to bed. He slept for just a little over 4 hours. He didn't feel good about it, but he was able to function for the next few days. He was off for the next two weekends, so he repeated the act the next two Sundays. His company was getting gear stowed away for a trip to Korea in the middle of February and they were assembled for a pre-deployment drug test prior to departure. This was the first administration of a drug test he had seen or been subject to and, of course, he tested positive for marijuana. His commanding officer told him he would be restricted to the company area during the deployment and that he would be dealt with later. n. He knew he was in big trouble, but he was not prepared for what happened when the A Company commander returned. He tried to explain himself to his company and battalion commanders, but their decision had already been made. His character and his character of service were assassinated in that room. He was issued an Article 15 for positive urinalysis, reduced in rank, fined, and restricted to the company area for 30 days pending separation from service. He pleaded to at least be sent to a support unit, or reassigned to a different post, so he could continue to serve. His request was not only denied, but he was issued a Bar to Reenlistment, which removed his privilege to serve forever. It was and continues to be the most humiliating day of his life. o. He was separated from the Armed Forces on 29 May 1985 and given a general discharge under honorable conditions. He has learned to live with being cast out like garbage, but he has never gotten over it. He will admit now as he did then that he did the wrong thing and he would have to accept the consequences, but he did the wrong thing so he could continue to do his job. He would never have done anything to put a brother-in-arms at risk or in harm's way. There was no such thing as human resources in those days, and he was quite depressed from being in pain daily from staphococcal cellulitus, trying to deal with an absconded spouse and an unborn child at the same time. It was more than he was mentally prepared to deal with at the age of 22, Green Beret or not. He still always did his job at the highest level he could and he never quit on anything at any time. p. Is one mistake by a well-intentioned and promising NCO enough to negate 3 years of prior honorable and at times exemplary service? There is included documentation that disputes his superior officers’ account that he was, "apathetic" "disinterested in charge" and "lacking in responsibility." He would refer the Board specifically to the Letter of Achievement and Primary Leadership Development Course (PLDC) evaluation. They tell a different story. q. It would mean a lot to him personally if after reading his account, the Board would give consideration to reissuing him a DD Form 214 that describes his character of service as honorable. He thanks the Board kindly for their attention to this matter of honor. 3. The applicant enlisted in the U.S. Army Reserve (USAR) DEP on 7 August 1981 with follow-on enlistment in the Regular Army on 3 November 1981, in military occupational specialty (MOS) 05B1O (Radio Operator), for U.S. Army Airborne enlistment option, Special Forces, Fort Bragg, NC. 4. In conjunction with his enlistment in the Regular Army, the applicant completed a DD Form 1966 (Record of Military Processing – Armed Forces of the United States) on 3 November 1981, wherein he stated he experimented with the controlled substance marijuana a couple of years ago but did not continue or develop a habitual use. 5. The applicant attended and successfully completed the 3-week Basic Airborne Course beginning 26 March 1982. 6. A DA Form 1059 (Service School Academic Evaluation Report), dated 1 February 1983, shows the applicant attended and achieved course standards in the Special Forces Qualification Course from 20 September 1982 through 1 February 1983. 7. The applicant was awarded a Certificate of Achievement on 1 November 1983 for outstanding performance as a member of the Special Forces Operational Base Security Platoon form 1 August 1983 to 8 September 1983 during Joint Readiness Exercise Bright Star 83. 8. On 9 April 1984, the U.S. Army Military Personnel Center authorized the applicant to accept and permanently wear the Egyptian Parachutist Badge. 9. On 7 May 1984, the applicant reenlisted in the Regular Army for a period of 5 years. 10. A Standard Form 600 (Chronological Record of Medical Care), dated 17 July 1984, shows the applicant was seen at the TMC at Madigan Army Medical Center for complaints of boils on the back of both legs with swollen and stiff knees. He had red bumps and scabbing on his legs and back of his neck as a result of a staph infection. He was given quarters for 48 hours and prescribed Velosef (antibiotic used to treat bacterial infections) and Motrin. 11. A DA Form 1059, dated 21 September 1984, shows the applicant exceeded course standards at the Primary Leadership Development Course from 24 August 1984 through 21 September 1984. The comments indicate he demonstrated superior ability in the area of leadership skills and was shown to be a highly motivated Soldier with the desire to excel. 12. A Standard Form 600 shows the applicant was seen on 22 October 1984 for complaints of pain in his left ankle after twisting it during physical training. The area had marked swelling and slight discoloration with tenderness on palpitation. He was diagnosed with a possible sprain. 13. A Record of Informal Counseling shows the applicant was counseled on 16 November 1984 for leaving his weapon unsecured at the ranged on 14 November and not having a proper inventory of all of his radio equipment. 14. Headquarters, I Corps and Fort Lewis Orders 239-87, dated 29 November 1984, promoted the applicant to sergeant (SGT)/E-5 effective 1 November 1984 15. A DA Form 4856 (General Counseling Form), shows the applicant was counseled on 5 February 1985 for the following: * failure to report to morning formation on 14 January 1985 * failure to properly clean the radio equipment on 17 January 1985 * failure to submit a properly formatted Program of Instruction as directed on 30 January 1985 * consistently demonstrating no initiative in his work, requiring others to constantly ensure it is being done properly 16. A DA Form 4187 (Personnel Action), dated 23 May 1985, shows the applicant was reduced in rank/grade to corporal (CPL)/E-4 effective 27 March 1985. 17. A Standard Form 93 (Report of Medical History), shows: a. The applicant was examined on 5 April 1985 for the purpose of discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, for misconduct. b. The applicant indicated on the form he currently had or ever had the following: * hay fever * skin diseases * frequent indigestion * adverse reaction to medication * broken bones * recent gain or loss of weight * locked knee * foot trouble * and depression or excessive worry c. He also documented on the form he contracted a strain of staph infection during Bright Star 83 in Egypt, causing reoccurring acute folliculitis. 18. A Standard Form 88 (Report of Medical Examination), dated 5 April 1985, shows the applicant underwent a medical examination on the date of the form. The summary of defects and diagnoses lists pes planus and that the applicant did not desire to see podiatry. There were no recommendations for further specialist examinations and he was found qualified for separation under the provisions of Army Regulation 635-200, chapter 14. 19. A DA Form 3822-R (Report of Mental Status Evaluation), dated 10 April 1985, shows the applicant met the retention standards of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3 and was psychiatrically cleared for any administrative action deemed appropriate by the command. 20. A Bar to Reenlistment Certificate, dated 24 April 1985, shows: a. The applicant’s commander recommended him for a bar to reenlistment based on his receipt of field grade nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) on 27 March 1985 for a positive urinalysis. b. The applicant’s commander indicated the applicant was not suitable for either retention or reenlistment in the service. He willingly violated both military law and the faith and trust of his superiors by his use of drugs. In addition, he has been routinely counseled by his chain of command for his failure to pay attention to detail, apathy and lack of responsibility. His detachment commander has indicated he continually trailed the detachment in every area or mission. His obvious lack of desire to improve his performance as well as his drug use were indicative of the need for this bar to reenlistment. 21. On 1 May 1985, the applicant’s bar to reenlistment was approved. On 2 May 1985, the applicant was informed of his bar to reenlistment and he indicated he did not desire to submit an appeal to the bar to reenlistment. 22. The applicant’s discharge packet, including his discharge notification and acknowledgment, is not in his available records for review. 23. The applicant’s DD Form 214 shows he was given a general discharge under honorable conditions on 29 May 1985, under the provisions of Army Regulation 635- 200, chapter 14, for misconduct – drug abuse. Item 18 (Remarks) lists his immediate reenlistments this period. 24. The applicant provided two letters of support from friends, which have been provided in full to the Board for review, and attest to his positive attributes and endorse his request for discharge upgrade. 25. On 15 March 2021, Army Review Boards Agency (ARBA) staff requested the applicant provide a copy of his medical documents supporting his claim of depression, but the applicant did not respond. 26. MEDICAL REVIEW: The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, and the VA electronic medical record (Joint Legacy Viewer (JLV)). a. Medical documentation submitted with the application shows the applicant was seen for several mild medical issues, the most significant of which was recurrent furuncles. Most of these occurred on his back. They were treated with irrigation and debridement in the clinic followed by oral antibiotics and dressing changes. b. There were no clinical visits for mental health concerns. He underwent a pre- separation mental status evaluation on 10 April 1985. He was found to be without a mental health condition, to meet medical retention standards, and to have the mental capacity to understand and participate in proceedings. c. There are no encounters or other information in JLV. d. There is no evidence the applicant had a mental health or other medical condition which would have then contributed to or would now mitigate this UCMJ violation and other actions which lead to his discharge; or that would have failed the medical retention standards of chapter 3, AR 40-501, Standards of Medical Fitness, and been a cause for referral to the DES prior to his discharge. Furthermore, there is no evidence that any medical condition prevented the applicant from being able to reasonably perform the duties of his office, grade, rank, or rating prior to his administrative discharge. e. It is the opinion of the ARBA Medical Advisor that an upgrade of his discharge based on a medical condition is not warranted. BOARD DISCUSSION: The Board carefully considered the applicant's request, supporting documents, evidence in the records, a medical review, 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 claim regarding his physical and mental health and the review and conclusions of the ARBA Medical Advisor. The Board found insufficient evidence of in-service mitigating factors and concurred with the conclusion of the medical advising official regarding his misconduct not being mitigated by any medical conditions. Based on a preponderance of evidence, the Board determined the character of service the applicant received upon separation was not in error or unjust. The Board concurs with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 making the correction described in Administrative Note(s) below. 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 the character of service. 11/30/2021 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows his DD Form 214 covering the period ending 29 May 1985 should be amended by adding the following to Item 18 (Remarks): “Continuous Honorable Active Service from 19811103 – 19840506.” REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. On 25 August 2017, the Office of the Undersecretary 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, traumatic brain injury, sexual assault, or sexual harassment. Boards are to give liberal consideration to veterans petitioning for discharge relief when the application for relief is based, in whole or in part, on those conditions or experiences. 3. 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 court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. This guidance does not mandate relief, but rather provides standards and principles to guide BCM/NRs 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. 4. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally considered appropriate for a Soldier discharged under this chapter. 5. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relative to transition management, to include the preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). Its states: a. For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter “IMMEDIATE REENLISTMENTS THIS PERIOD” and specify inclusive dates for each period of reenlistment in block 18 (Remarks) of the DD Form214. b. For Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except “Honorable”, enter in block 18 “Continuous Honorable Active Service From” (first day of service for which DD Form 214 was not issued) Until (date before commencement of current enlistment). Then, enter the specific periods of reenlistment as prescribed above. 6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS//