PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 July 2000                   
	DOCKET NUMBER:   AR1999027357

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John H. Kern		Member	

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

	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 that his undesirable discharge be upgraded to a general discharge under honorable conditions.

3.  The applicant states that he was suffering from schizophrenia when he enlisted in the Army initially and during his subsequent enlistments.  It was extremely harsh to give him an undesirable discharge when his only real crime was suffering from a serious mental disorder that should have been discovered at the time he was tested upon enlisting.  He was never a disciplinary problem.

4.  The applicant’s military records show that he enlisted in the Regular Army four different times using four different names.

5.  The applicant first enlisted on 15 October 1958 using an assumed name.  He was honorably discharged due to physical disability (schizophrenic reaction, paranoid type, chronic, moderate, existed prior to service (EPTS)) on 25 June 1959 after completing 8 months and 11 days of creditable active service. 

6.  The applicant enlisted again on 9 September 1959, claiming no prior service, under his own name.  He was honorably discharged due to physical disability (schizophrenic reaction, simple type, chronic, moderate, EPTS) on 27 October 1959 after completing 1 month and 19 days of creditable active service.

7.  The applicant enlisted again on 25 August 1960, claiming no prior service, under an assumed name.  He was honorably discharged due to unsuitability based upon a diagnosis of passive aggressive reaction on 12 October 1960 after completing 1 month and 18 days of creditable active service.  

8.  The applicant enlisted for the last time on 3 March 1961, claiming no prior service, under an assumed name.  He was discharged due to fraudulent entry with a discharge under other than honorable conditions and furnished an Undesirable Discharge Certificate on 26 May 1961 after completing 2 months and 24 days of creditable active service.  Neither a separation physical examination nor a mental status evaluation is available.

9.  There is no evidence of record to show the applicant ever received any disciplinary action.

10.  Army Regulation 635-206, in effect at the time, set forth the basic authority for the separation of enlisted personnel for misconduct (fraudulent entry, conviction by civil court, and absence without leave or desertion).  That regulation stated that an individual discharged under the provisions of section II, Fraudulent Entry Into Army, would normally be given an Undesirable Discharge unless the particular circumstances of the case warranted an honorable or general discharge.

11.  The Diagnostic and Statistical Manual of Mental Disorders, fourth edition states that the onset of schizophrenia typically occurs between the late teens and the mid-30s.  The onset may be abrupt or insidious.  Family members may find this behavior difficult to interpret and assume that the person is “going through a phase.”  There are gender differences.  Individuals with an early age at onset are more often male and have a poorer premorbid adjustment, more evidence of structural brain abnormalities, more evidence of cognitive impairment and a worse outcome.  Complete remission is probably not common in this disorder. 

CONCLUSIONS:

1.  While there is no evidence of Government error in this case, the Board concludes that an injustice has occurred.

2.  There is no evidence of record to show the applicant was ever a disciplinary problem.  Even his third discharge, for unsuitability, was fully honorable.  While the Diagnostic and Statistical Manual of Mental Disorders does not note that a schizophrenic is unable to distinguish right from wrong, the evidence shows that he had a mental disorder that may have affected his understanding of what he had done.

3.  The regulation did provide that a general discharge could be given if the particular circumstances of the case warranted.  The Board concludes that the circumstances in the applicant’s case warranted a general discharge and not a discharge under other than honorable conditions.  

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 General Discharge Certificate on 26 May 1961.

2.  That the Department issue to him an General Discharge Certificate from the Army of the United States, dated 26 May 1961, in lieu of the Undesirable Discharge Certificate of the same date now held by him.

3.  That the individual concerned be issued a new DD Form 214 reflecting the above corrections.

BOARD VOTE:  

__tsk___  ___sk___  __jhk___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ted S. Kanamine
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027357	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19610526	
DISCHARGE AUTHORITY	AR 635-206 	
DISCHARGE REASON	A94.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.