MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2000
	DOCKET NUMBER:   AR2000043239

	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. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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:  His General Discharge (GD) be changed to an Honorable Discharge (HD) by reason of physical disability.

APPLICANT STATES:  That he has been diagnosed by prison medical staff as a "bi-polar manic depressive" with "suicidal tendencies, schizophrenia, and a pronounced nervous condition."  He adds that some of these things were pre-existing conditions and some were the direct result of his Army service; however, they were aggravated by his military service.  In support of his application, he provides a 3-page, self-authored, typewritten statement.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 3 years on 5 May 1966.  Upon completion of all required military training, he was assigned to Germany for duty in military occupational specialty 62A10 (Engineer Equipment Maintenance).

The applicant's service record shows that he received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, on three occasions.  On 13 September 1966, he was punished for being absent without leave (AWOL) from 28 August 1966 through 6 September 1966.  On 2 November 1966, he received NJP for being AWOL on 1 November 1966.  Finally on 22 March 1967, he received NJP for a pass violation.

The applicant was also convicted by two special courts-martial:  on 22 May 1967 for wrongful appropriation of a motor vehicle and for being AWOL from 1-2 April 1967; and on 28 September 1967 for being AWOL from 28 August 1967 through 7 September 1967.

Between 14 June 1967 and 30 June 1967, the applicant underwent psychiatric and physical examinations to clear him for a possible administrative separation action.  Mentally, he was determined to be oriented, rational and coherent, with no indication of abnormal thinking or behavior suggesting psychosis; he was psychiatrically cleared for all administrative action.  He was also found to be physically qualified for separation action.

On 16 August 1967, the applicant's commander notified the applicant that he was initiating action to separate him for unsuitability under the provisions of Army Regulation 635-212.  The applicant consulted with legal counsel, waived his rights, and elected not to submit a statement in his own behalf.  On 21 August 1967, the approving authority approved the applicant's separation with a GD

The applicant was returned to the United States and separated on 30 October 1967 with a GD under the provisions of Army Regulation 635-212 for unsuitability.  He had 1 year, 1 month, and 6 days of service and 142 days of lost time.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel who were found to be unfit or unsuitable for military service.  The regulation further provided, in pertinent part, that service members discharged for unfitness would be furnished an undesirable discharge, unless circumstances warranted a general or honorable discharge.  Service members discharged for unsuitability would be furnished an honorable or general discharge.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade or rating because of disability incurred while entitled to basic pay.  Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of active service or a disability rated at least 30 percent.  Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years active service and a disability rated at less than 30 percent.

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 this requirement.

2.  The applicant's record reflects that he had a long history of disciplinary violations.  His commander determined that he was unsuited for further military service and initiated separation action against him.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is in accordance with regulatory policy and is commensurate with his overall record of military service.

3.  In preparation for his separation from the Army, the applicant was given mental and physical examinations which found him to be free from mental disease and physical defect and fully qualified for separation.

4.  Army Regulation 635-40, Physical Evaluation for Retention, Retirement, or Separation provides, in pertinent part, that when a member is being separated by reason other than physical disability, his continued performance of assigned duty commensurate with his rank or grade until he is scheduled for separation or retirement creates a presumption that he is fit.  This presumption can be overcome only by clear and convincing evidence that he was unable to perform his duties for a period of time or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered him unfit.

5.  The applicant has provided no evidence that he is suffering from any form of mental illness or that such illness was incurred in, or aggravated by, military service.

6.  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

__mkp __  __esc___  __jtm____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000043239	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19671030	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A40.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.	108.0000	
3.		
4.		
5.		
6.