MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 October 2000                   
	DOCKET NUMBER:   AR2000045432

	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	
	Mrs. Nancy Amos		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:  That his discharge be changed to a medical discharge.

APPLICANT STATES:  That in 1986 he was diagnosed with manic depression and post traumatic stress disorder (PTSD).  He was wrongly forced out of the military without receiving any medical help or compensation for these and other medical conditions.  He was given a reenlistment code of 3B.  He was told he was barred from reenlisting because he was a troublemaker, an instigator, and that he had a poor mental attitude.  All his doctors say that this is a good description of someone with manic depression and PTSD.  He provides his Report of Transfer or Discharge, DD Form 214, as supporting evidence.

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

He enlisted in the Regular Army on 20 February 1969 for 4 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 26L (Tactical Microwave System Operations and Maintenance).  

The applicant departed absent without leave (AWOL) 22 – 24 November 1969.  There is no record of any type of disciplinary action for this AWOL.

The applicant was promoted to Specialist Five, E-5 on 23 August 1970.  He was later laterally appointed to Sergeant, E-5.

The applicant’s enlisted efficiency report (EER) for the period March  - August 1971 shows that he was rated as average in the six characteristic categories of adaptability, attitude, initiative, leadership, responsibility, and duty performance.  His rater commented that he was performing his duties satisfactorily and that he recognized his shortcomings and was making progress in correcting them.

On 12 November 1971, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.  His punishment was to forfeit $50.00 pay for 1 month.

The applicant’s EER for the period September 1971 – February 1972 shows that he was rated as average in the characteristic categories of adaptability, leadership, responsibility and duty performance and as excellent in the categories of attitude and initiative.

Headquarters, U. S. Army Strategic Communications Command – Europe (USASTRATCOM-EUR) notified the applicant by letter dated 26 June 1972 that  Department of the Army tentatively determined grounds existed to deny his reenlistment and directed USASTRATCOM-EUR to convene a Qualitative Management Review Board to screen his complete records.  After a comprehensive and impartial review of his records, it was determined that he should be denied further reenlistment.  He was informed that his selection was in no way meant to detract from the record of meritorious service he had established but was simply a reflection of the times.  

On 23 February 1973, upon completion of his term of service, the applicant was honorably released from active duty.  He was given a reenlistment code of 3B (persons who had lost time during their last period of service).  

The applicant’s service medical records are not available.

On 5 April 1976, the applicant had written to the Army requesting a copy of his DD Form 214.  He noted that he had left his DD Form 214 with an Army recruiter in April 1974 and it was lost.  He required the form so he could enroll in college.

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  In pertinent part, it states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. 

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.  Despite the unavailability of the applicant’s service medical records, all other evidence of record shows that he was capable of performing his duties.  There is no record of disciplinary action taken after his November 1971 Article 15.  Prior to that he had had only a short AWOL period for which there is no record of disciplinary action.  He was rated as an average soldier who performed his duties satisfactorily on his EER for the ending period March 1971.  His EER for the period ending February 1972, after his Article 15, shows that his ratings improved, his rating for attitude then being rated as excellent. 

3.  There is no evidence to show that the applicant was barred from reenlisting because he was a troublemaker, an instigator, or because he had a poor mental attitude.  The evidence of record shows that he was barred only because of the Vietnam drawdown.

4.  Evidence in the applicant’s records show that he made an attempt to enlist in the Army in 1974, indicating that he did not feel himself to be medically unqualified to serve at that time.  

5.  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	AR2000045432	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.