APPLICANT REQUESTS:  That his discharge be upgraded to a general discharge under honorable conditions.

APPLICANT STATES:  In effect, that he feels his mental condition at the time affected his actions.  He needs medical attention now and his present discharge is a bar to receiving VA benefits.

EVIDENCE OF RECORD:  The applicant’s military records show:

On 9 May 1969, he enlisted in the Regular Army.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 36C (Lineman).

On 7 November 1969, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being absent without leave (AWOL) from 23 October - 6 November 1969.

The applicant arrived in Vietnam on 10 November 1969.

On 8 February 1970, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.

On 28 February 1970, the applicant was medically evacuated to Camp Zama, Japan.  He was diagnosed with schizophrenia, chronic.  Stress was moderate, routine duty in combat zone and drug abuse.  He was further medically evacuated to Valley Forge General Hospital, PA.

Medical authorities at Valley Forge noncurred in Camp Zama’s diagnosis.  They diagnosed him with psychosis, other, drug use.

The applicant went AWOL from 18 May - 18 June 1970, when he surrendered to authorities at Fort George G. Meade, MD.  Fort Meade preferred court-martial charges against him for this offense.

On 20 August 1970, a psychiatric evaluation found the applicant to have an emotionally unstable personality.  He was cleared for all administrative and judicial action deemed appropriate by the command.

The applicant completed a separation physical and was found qualified for separation..
On 9 September 1970, the commander initiated separation action under the provisions of Army Regulation 635-212 for unfitness.

The applicant acknowledged the separation action.  He waived consideration of his case by a board of officers, waived personal appearance before such a board, and waived representation by counsel before such a board.  He did not submit any statements in his own behalf.

On 21 September 1970, the appropriate authority approved the recommendation for separation and directed issuance of an Undesirable Discharge Certificate.  

On 21 September 1970, the applicant was discharged, in pay grade E-1 under the provisions of Army Regulation 635-212 for unfitness with a discharge under other than honorable conditions.  He had completed 1 year, 3 months, and         7 days of creditable active service and had 37 days of lost time.

On 27 March 1972, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.

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

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s administrative separation was accomplished in compliance with applicable regulations.  While Camp Zama medical authorities may have diagnosed him with schizophrenia, medical authorities at two other installations noncurred in that finding and cleared him for separation.  If the applicant disagreed with those findings, he had the right to present his case before a board of officers and waived that opportunity.

3.  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:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Loren G. Harrell
						Director