PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           12 April 2000 
	DOCKET NUMBER:   AR2000037331

	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.  

	Ms. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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, in effect, that his general, under honorable conditions discharge (GD) be upgraded to honorable (HD).

3.  The applicant states, in effect, that he would feel better knowing he had an honorable discharge.  He has submitted a civilian performance review and an agency magazine article in support of his claim for an upgrade of his discharge. 

4.  The applicant’s military records show that he enlisted on 10 March 1981 in the Regular Army (RA) for a period of 4 years unassigned. 

5.  He was assigned to Fort Dix, New Jersey for basic combat training (BCT) and advanced individual training (AIT).  He completed AIT in military occupational specialty (MOS) 64C (Light Vehicle Mechanic).  He arrived at his first permanent duty station in Germany on 7 September 1981.

6.  On 4 November 1982 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for disobeying a lawful command.  The punishment imposed consisted of reduction to private/E-2, forfeiture of $150, and 14 days extra duty.

7.  On 1 September 1983 he departed Germany in a casual status en route to Fort Carson, Colorado.

8.  On 30 December 1983 he accepted NJP for wrongfully wearing arctic mittens without a field jacket.  The punishment imposed consisted of reduction to private/E-1 and corrective custody for 7 days.  

9.  On 7 January 1984 the applicant attempted to commit suicide by making a 3-inch cut to both his wrists.  He was transported by ambulance for treatment at the hospital. 

10.  On 9 January 1984 the staff psychiatrist completed a mental examination of the applicant.  The examiner noted that the applicant was initially seen on 3 January 1984 following a similar suicide gesture and that he was severely depressed due to personal problems.  He noted that the applicant’s mental condition was deteriorating, that his energy level was low with reduced appetite, and that he felt dejected and quite unhappy.  He further noted that the applicant was using alcohol in an effort to cope.  Final diagnosis was a dependent personality disorder.  The examiner noted that he was not amenable to disciplinary action, training or reclassification, and strongly recommended administrative separation due to his mental condition.

11.  On 20 January 1984 he accepted NJP for being disrespectful to a noncommissioned officer.  The punishment imposed consisted of forfeiture of $139 and restriction and extra duty for 14 days.  

12.  Between November 1983 and February 1984 he accumulated three formal counseling statements for returning 10 minutes late from dinner and being in an improper field uniform.

13.  On 8 February 1984 his commanding officer notified him of his intent to initiate action to separate him from the Army under the provisions of Chapter 13, Army Regulation 635-200 by reason of unsatisfactory performance.  The applicant was advised of his rights and authenticated a statement with his signature in which he acknowledged the aforementioned notification. 

14.  On 23 February 1984 the appropriate authority approved the applicant’s separation and issuance of a general discharge (GD).  Accordingly, on 20 March 1984 the applicant was separated under the provisions of Chapter 13, AR 635-200.  He was credited with 3 years and 11 days active military service.

15.  Army Regulation 635-200 sets forth the basic authority for the administrative separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander’s judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.

16.  There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.  

CONCLUSIONS:

1.  The applicant’s discharge proceedings appear to have been conducted in accordance with law and regulations applicable at the time of his separation. 

2.  The Board noted the applicant’s suicide gestures, the examiner’s diagnosis of severe depression and a dependent personality disorder, and the strong recommendation for administrative separation prior to the applicant receiving his last company grade Article 15.  The Board determined that, through no fault of his own, the applicant’s capacity to continue as a satisfactory soldier was diminished by his depression and diagnosed personality disorder.

3.  The Board does not condone the applicant’s actions of misconduct.  However, it should be noted that his offenses were violations of military rules and regulations and were not otherwise serious offenses against society.

4.  Considering the facts and circumstances of this case, the nature of the applicant’s offenses, and the applicant’s mental status at the time of his separation, the Board determined that the applicant’s characterization of service is inequitable.  It appears that the interest of justice would best be served by changing the applicant’s characterization of service to honorable. 

5.  Accordingly, in the interest of justice, 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 to show that the individual concerned was separated from the service with an Honorable Discharge Certificate on 20 March 1984.  

2.  That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate from the Army of the United States, dated 20 March 1984, in lieu of the discharge certificate of the same date now held by him.
 
3.  That the applicant be issued a new DD Form 214 reflecting the aforementioned correction.

BOARD VOTE:  

___rgh___  ___bje___  __jps__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

___________________
CHAIRPERSON

INDEX

CASE ID	AR2000037331	
SUFFIX		
RECON		
DATE BOARDED	200000412	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19840320	
DISCHARGE AUTHORITY	AR 635-200 C13	
DISCHARGE REASON	4900	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 9324		
2. 9406		
3. 0100		
4.		
5.		
6.