PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:             
	DOCKET NUMBER:     

	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.

	Mr. Loren G. Harrell  		Director
	Mr. Edmund P. Mercanti	Analyst

	Also present, without vote, were:

	Ms. JoAnn H. Langston		Chairperson
	Mr. Curtis W. Barbee, Jr.		Member
	Mr. Raymond V. O’Connor, Jr.		Member

	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.

APPLICANT REQUESTS:  That his discharge be corrected to a medical retirement.

APPLICANT STATES:  He was not given a proper medical evaluation before he was discharged.  He suffered a nervous breakdown and, while his mental capacity would not allow him to be responsible for his actions, he was given nonjudicial punishment (NJP) under Article 15, UCMJ, for an action he took when he received conflicting instructions. 

EVIDENCE OF RECORD:  The applicant's military personnel and medical records show:

He enlisted in the Regular Army on 27 December 1973 with 2 years and 28 days of prior active service, was awarded the military occupational specialty of interceptor analyst, served continuously through reenlistments, and was promoted to pay grade E-7.

On 21 April 1986 an investigation conducted into allegations of sexual misconduct against the applicant was completed.  The investigating officer determined that the applicant, a married man, made a sexual advance towards a junior enlisted female; he repeatedly made verbal comments of a sexual nature to several junior female noncommissioned officers; and he continued to make inappropriate jokes, comments and gestures after he had been counseled on his inappropriate behavior.

As a result of that investigation, the applicant was given a letter of reprimand and barred from reenlistment.

On 12 July 1987, a Sunday, the applicant sought emergency medical treatment stating that he was having difficulties with his estranged wife, his finances and his superiors.  At the time of admission he reported being suicidal and homicidal.  He was admitted to the hospital on 13 July 1987 and released on 21 July 1987, with a discharge diagnosis of adjustment disorder with depressed mood, acute, moderate, treated and improved.  Manifested by fleeting suicidal and homicidal ideation secondary to feeling overwhelmed by numerous stressors.  He was also diagnosed as having marital and occupational problems.

The applicant’s commander wrote a memorandum for record after the applicant’s hospitalization in which she stated that it was her belief that the applicant had admitted himself to the hospital in an effort to avoid action being taken against him for disobeying an order just prior to his hospitalization.
On 26 August 1987 the applicant accepted NJP for disobeying a lawful command on 10 July 1987, a Friday, to return to work.

On 2 February 1988 the applicant’s commander notified him of his intent to recommend his discharge for misconduct and of his rights in conjunction with that recommendation.  The applicant waived a board of officers contingent on his receiving no less than a General Discharge Certificate.

The applicant’s commander then forwarded a recommendation to discharge the applicant.  In the packet forwarded by the commander, a considerable number of counseling statements were included which showed that the applicant had been repeatedly counseled on his failure to be at his place of duty without authority.  Also included in that packet was a report of mental status evaluation, dated 11 December 1987, which cleared the applicant for discharge proceedings.  The packet also contained a separation physical examination which found the applicant medically qualified without any physical profile limitations.

The applicant’s commander’s recommendation was approved and he was issued a General Discharge Certificate for misconduct on 29 February 1988.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while performing active or inactive (weekend drill) duty.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Although the applicant had been hospitalized for an adjustment disorder and a depressed mood, there is no indication that that condition was medically disqualifying or physically unfitting.

2.  To the contrary, he was determined medically qualified without any profile restrictions after that incident.

3.  With all the available evidence showing that he was physically fit, he did not meet the statutory requirements for medical retirement.

4.  The applicant had a long history of misconduct evidenced by his repeated failure to be at his appointed place of duty at the time prescribed and his repeated inappropriate sexual behavior.  Such conduct clearly warranted his separation for misconduct.

5.  In view of the foregoing, there is no basis for granting the applicant's request. 

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

JHL  CWB  RVO  GRANT          

                            GRANT FORMAL HEARING

                            DENY APPLICATION

                                                    Edmund P. Mercanti
Loren G. Harrell
Director