PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  26 October 2000
	DOCKET NUMBER:  AR2000040841

	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. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 his battalion commander recommended that he receive a general discharge.  He tried to do his duty but the severe hardship placed on him by his wife made it impossible.  He had requested a hardship discharge that was never acted on.

4.  The applicant’s military records show that he was inducted and entered active duty on 7 May 1968.  He failed to complete basic training.  He was punished on 23 July 1968, under Article 15, UCMJ for 2 days AWOL.  This was later amended to 7 days AWOL.  On 14 September 1968 he was convicted by a special court-martial of two periods of AWOL totaling 54 days.

5.  The applicant was AWOL again from 7 October to 3 November 1968.  On 20 November 1968 he was command referred for psychiatric evaluation.  The evaluation resulted in a diagnosis of Immature Personality Disorder-Severe.  The evaluation also stated that he responds poorly to life stresses and goes AWOL in response to his wife’s emotional problems.

6.  He was convicted by special court-martial on 23 November 1968 for 28 days AWOL.  On 2 December 1968 he was advised of contemplated separation for unfitness.  After consulting with counsel, the applicant waived his rights to consideration of his case by a board of officers and to submit statements in his own behalf.

7.  The recommendation for the applicant’s separation noted his low aptitude scores and his extreme nervous disorder brought on by his wife’s illness.  Additionally, the commander noted that, although an extreme hardship may not exist, the applicant is pre-occupied with his wife’s apparent illness and cannot focus his attention on his military obligations.  A general discharge was recommended.  After a personal interview with the applicant, the battalion commander also recommended separation with a general discharge.  The brigade commander recommended separation with an undesirable discharge.

8.  A 30 December 1968 memorandum to the commanding general noted the unit and battalion commander’s recommendation and the brigade commander’s recommendation.  The installation staff recommended the commanding general approve separation with an undesirable discharge.

9.  The separation authority approved the recommendation for separation and directed issuance of an undesirable discharge.  Effective 3 January 1969 the applicant was separated under the authority of Army Regulation 635-212 under conditions other than honorable.  He had 3 months and 1 day creditable service and 149 days lost time.

10.  The applicant provides a copy of an application for separation based on hardship or dependency dated 30 September 1968.  He cited his wife’s emotional state as the basis for his request.  There is no documentation in the available record to indicate that his request was forwarded or acted upon.

11.  The applicant’s induction documents show that he had previously been examined for induction and found not acceptable.  His report of medical history shows that he failed the mental examination on his first pre-induction examination.

12.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness.  An undesirable discharge was normally considered appropriate.

CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  When provided the opportunity to provide statements in his own behalf he declined to do so.

2.  Notwithstanding the above, the Board views the applicant’s low mental category and immature personality disorder as mitigating circumstances to his ability to serve.  The unit and battalion commander, who knew him better, recommended a general discharge based on those circumstances.

3.  Although the Board cannot condone his frequent periods of AWOL, it appears that it is now in the interest of justice to upgrade the applicant’s discharge to under honorable conditions.  There is no basis to change the reason or authority.

4.  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 3 January 1969 under honorable conditions with a general discharge certificate.

BOARD VOTE:  

__md____  ___ao___  __wp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Melinda M. Darby___
		        CHAIRPERSON

INDEX

CASE ID	AR2000040841	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19690103	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.