PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  24 October 2000
	DOCKET NUMBER:  AR2000038467

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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 discharge be changed.  His request to have his dates of active duty corrected has been administratively accomplished by issue of a correction to his separation document (DD Form 214).

3.  The applicant states that he needs these corrections to apply for social security disability benefits.

4.  The applicant’s military records show that he was inducted and entered active duty on 28 March 1966.  While still in training he was reassigned to a special training company to improve his physical fitness and soldier skills.  He was returned to his basic training company on 1 June 1966 for possible separation.

5.  On 2 June 1966 the applicant was command referred for psychiatric evaluation.  He was diagnosed with a severe personality disorder manifested by use of somatic complaints, nausea, and vomiting that existed prior to service.  He was recommended for separation based on this character and behavior disorder.

6.  On 6 June 1966 the command recommended his separation based on his behavior disorder and inability to be trained to be a satisfactory soldier.  The applicant acknowledged the contemplated separation and waived his rights to counsel and to submit statements in his behalf.

7.  The separation authority, a brigadier general, approved the request and directed separation under honorable conditions.  Effective 22 June 1966 the applicant was separated under the authority of Army Regulation 635-209.  He had 1 month and 25 days creditable service.

8.  Army Regulation 635-209, in effect at the time, provided for the separation of soldiers for unsuitability when it was unlikely that the individual would develop sufficiently to become a satisfactory soldier.  Reasons for separation for unsuitability included inaptitude, character and behavior disorders, and apathy.  An honorable or general discharge was authorized.  Under current standards, separation due to a personality disorder is limited to either an honorable or uncharacterized discharge.

9.  There is no evidence of record that the applicant applied for an upgrade of his discharge to the Army Discharge Review Board within the established 15 year time limit.

CONCLUSIONS:

1.  The applicant was properly diagnosed with a character and behavior disorder and separated in accordance with the regulations in effect at the time.  There was no error or injustice in his separation.

2.  Notwithstanding his prior separation for unsuitability, it would now be appropriate, under current standards, to change the characterization of his discharge to honorable under Secretarial Authority.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that he was separated on 22 June 1966 with an honorable characterization of service under Secretarial Authority.

BOARD VOTE:  

__ec___  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ___mp__  __jm___  DENY APPLICATION

		__Margaret K. Patterson__
		        CHAIRPERSON

INDEX

CASE ID	AR2000038467	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19660622	
DISCHARGE AUTHORITY	AR 635-209	
DISCHARGE REASON	A42.00	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.