PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:         19 December 2000
	DOCKET NUMBER: AR2000045887

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 honorable.

3.  The applicant states that he had a nervous breakdown while in the Republic of Vietnam.  When he was asked if he wanted to go home, he said yes.

4.  The applicant's military records show he enlisted in the Army on 7 September 1965 for 3 years.  He completed his initial training and was assigned to Fort Riley, Kansas for duty as a light vehicle driver (64A).

5.  On 20 May 1966 the applicant was convicted by summary court-martial of being absent without leave (AWOL) for 19 days.  The sentence included a forfeiture of $50.00 and 45 days restriction.  On 23 May 1966 the unexecuted portion of the sentence to restriction was suspended for 30 days.

6.  On 25 November 1966 the applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice for being AWOL for 7 days.  The punishment included a reduction to private (E-2) and 7 days restriction and extra duty.

7.  On 19 December 1966 the applicant was convicted by special court-martial of failing to remain at ease in military formation, of refusing to come forward from the ranks, of failing to report for platoon training, of failing to leave the stairway, of failing to get off of his bunk and remove his boots, and of being disrespectful in language toward his superior noncommissioned officer.  The sentence included reduction to private (E-1), a forfeiture of $35.00 per month for 6 months, and confinement at hard labor for 6 months.  On 17 March 1967 the unexecuted portion of the sentence to confinement at hard labor was suspended for              3 months.

8.  On 5 January 1967 the applicant underwent a psychiatric evaluation.  He was diagnosed as having an antisocial personality disorder.  The psychiatrist indicated that the applicant’s past history consisted of a cohesive pattern of conflict with all forms of authority, home, school, employers, community and military.  The psychiatrist stated that he was mentally responsible, able to distinguish right from wrong, but that, further efforts at rehabilitation would probably be ineffective.  For this reason the psychiatrist recommended that he be expeditiously separated from the service.

9.  The applicant’s unit commander initiated separation action under the provisions of Army Regulation 635-212 for unfitness.  The commander cited as justification the applicant’s psychiatric report and his disciplinary record due to his negative attitude.  The applicant waived all of his rights to include representation by counsel.

10.  The appropriate authority approved the recommendation for discharge and directed that he be issued an Undesirable Discharge Certificate.

11.  Accordingly, he was discharged under other than honorable conditions on 
24 March 1967, under the provisions of Army Regulation 635-212, for unfitness due to misconduct.  He had served 1 year, 2 months and 7 days of creditable active service and had 131 days lost time due to AWOL and confinement.

12.  Army Regulation 635-200 was revised on 1 December 1976, following settlement of a civil suit.  Thereafter, the type of discharge and the character of service were to be determined solely by the individual’s military record during the current enlistment.  Further, any separation for unsuitability, based upon personality disorder must include a diagnosis of a personality disorder made by a physician trained in psychiatry.  In connection with these changes, a Department of the Army Memorandum dated 14 January 1977, and better known as the Brotzman Memorandum, was promulgated.  It required retroactive application of revised policies, attitudes and changes in reviewing applications for upgrades of discharges based upon personality disorders.  A second memorandum, dated 8 February 1978, and better known as the Nelson Memorandum, expanded the review policy and specified that the presence of a personality disorder diagnosis would justify upgrade of a discharge to fully honorable except in cases where there are “clear and demonstrable reasons” why a fully honorable discharge should not be given.  Conviction by a general court-martial or by more than one special court-martial was determined to be “clear and demonstrable reasons” which would justify a less than fully honorable.

CONCLUSIONS:

1.  While the applicant’s administrative separation on 24 March 1967 for unfitness was accomplished in accordance with regulations then in effect, the Board is of the opinion that the applicant’s diagnosed antisocial personality disorder was a sufficient basis to have separated him for unsuitability.

2.  Considering the foregoing and the applicant’s overall service record, the reason for his discharge should be changed and his discharge should be upgraded to fully honorable, as indicated by the above-referenced Army memorandums.

3.  In view of the foregoing, 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 by showing that the individual concerned was separated from the service for unsuitability, due to a personality disorder, with an Honorable Discharge Certificate on 24 March 1967.

2.  That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate from the Army of the United States, dated 24 March 1967, in lieu of the Undesirable Discharge Certificate of the same date now held by him; and that he be issued a new DD Form 214.

BOARD VOTE:  

__JPH  _  __RJW___  __KLW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____James P. Huber___
		        CHAIRPERSON

INDEX

CASE ID	AR2000045887	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19670324	
DISCHARGE AUTHORITY	AR 635-212 	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	A50.00	
2.		
3.		
4.		
5.		
6.