MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 October 1999                   
	DOCKET NUMBER:   AR1999023506

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Carol Jo Suiter		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	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)

APPLICANT REQUESTS:  That his discharge be changed to a medical discharge.

APPLICANT STATES:  That the main reason for his discharge was due to his leg condition.  No supporting evidence is provided.

COUNSEL CONTENDS:  That the applicant was diagnosed with a severe personality disorder.  The Board is requested to consider upgrading the character of his discharge under current standards.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from his separation documentation and his DD Form 214.

He was inducted into the Army on 2 June 1953.

In October 1953, the applicant sustained a slight injury to his knee, aggravated owing to a football injury sustained in 1949.  (The date February 1953 is also mentioned as the date of his football injury.)  He was transferred to Brooke Army Hospital, TX on 26 November 1953.  X-ray examination showed no abnormalities.  Any disease involving the vascular system was negative.  The Orthopedic clinic cleared him for duty.  However, owing to his conscious refusal to cooperate in his physical therapy, he developed marked disuse atrophy of the quadriceps.  The only way to secure his cooperation was to offer the possibility of separation.  With this motivation, he cooperated and gradually started using his knee.  He was diagnosed with passive-aggressive reaction, manifested by hostility to the service.  He had no disqualifying physical or mental disability that would warrant medical separation from the military and he was free from mental defect or disease, able to distinguish right from wrong and to adhere to the right and had the mental capacity to understand the nature of the proceedings being held against him.

Separation action under the provisions of Army Regulation 615-369 for unsuitability was initiated and a board convened on 16 March 1954 to determine whether the applicant should be discharged.  The applicant appeared and testified in his own behalf.  The board recommended that he be discharged for unsuitability, character and behavior disorder, and given a general discharge.

The applicant was discharged on 22 March 1954, with a general discharge, under the provisions of Army Regulation 615-369 for unsuitability.

At the time, Army Regulation 615-369 governed the separation of enlisted personnel for inaptitude or unsuitability.  Discharge for unsuitability would be effected when it was determined that an individual was unsuitable for further military service because of any one of several reasons, including character and behavior disorders (including immaturity reactions such as dependency reaction or aggressive reaction).  An individual discharged for inaptitude or unsuitability would be furnished a General Discharge Certificate.

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 or unjust.  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 with no indication of procedural errors which would tend to jeopardize his rights.  The Board notes the applicant was not discharged because of his leg condition; he was discharged because he consciously failed to cooperate in the rehabilitation of his injured knee until he was offered the opportunity to separate.  The type of discharge directed and the reasons therefor were and still are appropriate considering all the facts of the case.

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

__lls___  __mdm___  __cjs___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023506	
SUFFIX		
RECON		
DATE BOARDED	19991007	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.