PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                              
	DOCKET NUMBER:   AC98-06914

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  The following members, a quorum, were present:

	Mr.			Chairperson	
	Mr.			Member	
	Mr.			Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
	Ms.	Lee Tinsley		Analyst	

	The applicant and counsel if any, did not appear before the Board.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests the issuance of a DD Form 214 (Report of Separation) that covers his first term of service.

3.  The applicant states in effect, that the Social Security Administration does not recognize all of his military service because it is not covered on his last 
DD Form 214.

4.  The applicant’s military records were partially lost or destroyed in the National Personnel Records Center fire in 1973.

5.  The applicant’s available military records show that he served in the Regular Army from 19 October 1954 to 29 October 1956 and received an honorable discharge.  The applicant was issued a Certificate of Military Service on 
19 February 1997, since no DD Form 214 was available for that period of service.

6.  The applicant reenlisted on 30 October 1956 and served as a Supply Specialist.

7.  He was convicted by two summary court-martials for failure to go and a 
30-day AWOL.  Additionally, non-judicial punishment was opposed upon him for being drunk in a public place.

8.  Thereafter, he was referred for psychiatric evaluation.  The psychiatrist diagnosed in him a passive dependent personality, severe manifested by alcoholism, impulsivity and poor judgment.  The psychiatrist recommended administrative separation.  Subsequently, the commander recommended a discharge based on a character and behavior disorder.  On 29 November 1962 the appropriate authority approved the recommendation with the issuance of a General Discharge Certificate.  On 7 December 1962 the applicant was separated under honorable conditions, under Army Regulation 635-209.

9.  Army Regulation 635-200 was revised on 1 December 1976, following settlement of a civil suit.  Thereafter, the type of discharge and the character of service was to be determined solely by the individual's military record during the current enlistment.  Further, any separation for unsuitability, based on personality disorder must include a diagnosis of a personality disorder made by a physician trained in psychiatry.  In connection with these changes, a Department of the Army Memorandum dated 14 January 1977, and better known as the Brotzman Memorandum, was promulgated.  It required retroactive application of revised policies, attitudes and changes in reviewing applications for upgrade of discharges based on personality disorders.  A second memorandum, 
8 February 1978, and better known as the Nelson Memorandum, expanded the review policy and specified that the presence of a personality disorder diagnosis would justify upgrade of a discharge to fully honorable except in cases where there are "clear and demonstrable reasons" why a fully honorable discharge should not be given.  Conviction by general court-martial or by more than one special court-martial was determined to be "clear and demonstrable reasons" which would justify a less than fully honorable discharge.

CONCLUSIONS:

1.  The applicant was properly issued a certificate of military service for his first term of service since the original DD Form 214 issued to cover that period of service is no longer available.  However, he should be issued certified copies of the Certificate of Military Service.

2.  The applicant’s administrative separation on 7 December 1962 with a general discharge was accomplished in accordance with regulations in effect at the time.

3.  However, under the current policy it now appears the applicant’s character and behavior disorder warrant upgrading of his discharge to fully honorable, as directed by the above-referenced Army Memorandums.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with an honorable discharge on 7 December 1962.

2.  That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate from the Army of the United States, in lieu of the General Discharge of the same date now held by him.

3.  That he be issued certified copies of the Certificate of Military Service covering the period 19 October 1954 to 29 October 1956.

4.  That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON