MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            12 April 2001                  
	DOCKET NUMBER:   AR2000049409

	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	
	MS. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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:  In effect, disability retirement based on his psychological conditions.  The applicant states, in a self-authored statement dated 19 October 2000, that he was a healthy young man at the time he entered active duty in June 1973.  He notes that while in the service he "had an incident with another enlistee" which resulted in his being attacked on a "daily basis by 4 to 6 members of the enlistee's friends."  The applicant states he went to his drill sergeant who referred him to a psychiatrist who determined the applicant "could not handle being harassed everyday."  Ultimately the applicant was honorably discharged.  He notes that he now suffers from a multitude of disorders, which are directly related to his military service.  He contends that the "military owes [him] a full psychological disability" as he is unable to hold a job and is receiving social security disability payments.  In support of his request he submits a statement from his spouse and an April 2000 memo from his attending psychiatrist.  Counsel offered nothing beyond that submitted by the applicant but did ask that all reasonable doubt be resolved in favor of the applicant.

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

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

The applicant enlisted and entered active duty on 31 July 1973.  At the time of his enlistment he was 18 years old, had attended 9 years of formal education but received his high school GED in 1973.  His GT score was 92.

In October 1973, while undergoing training, the applicant's unit commander initiated action to administratively separate the applicant from active duty under the provisions of an early discharge program.  The commander noted that the applicant had been counseled on several occasions concerning a severe nervous condition and that rehabilitative attempts had proven ineffective in helping the applicant adjust.  He stated that the applicant had reached a point of such frustration "that he cries openly" during contact with authority figures or his peers.

A mental status evaluation conducted on 19 October 1973 found the applicant suffered from a severe inadequate personality disorder and acute situational anxiety.  The evaluating psychiatrist stated that the applicant was extremely immature and that if he remained in the Army "the possibility of suicide would be strong…."  The psychiatrist noted the applicant "apparently has made only a marginal adjustment in his hometown in Kentucky" and indicated the applicant was "unable to hold jobs or to complete high school."  He concluded that adjustment to Army life "or even being away from home" was not likely and that there were no disqualifying mental or physical defects sufficient to warrant disposition through medical channels.

The applicant acknowledged receipt of the proposed separation and waived his attendant rights.  He was honorably discharged on 31 October 1973, with three months of active Federal service, under the provisions of an early discharge program designed to identify and evaluate enlistees with less than 180 days of active duty.

The memo submitted by the applicant from his attending psychiatrist in support of his request, notes the applicant suffered from Post Traumatic Stress Disorder, recurrent, severe major depressive disorder and panic disorder with agoraphobia.  He also noted that he suffered from "status-post automobile accident with multiple injuries, chronic pain syndrome and right-sided weakness." He did not, however, attribute any of these conditions to the applicant's military service.

The letter submitted by his spouse merely notes the difficulties she and the applicant have experienced since his 1973 discharge.

Army Regulation 40-501 states that personality disorders may render an individual administratively unfit rather than unfit because of physical disability.  Interference with performance of effective duty in association with these conditions will be dealt with through appropriate administrative channels.  It also states that transient, situational maladjustment due to acute or special stress do not render an individual unfit because of physical disability, but rather may be the basis for administrative separation if recurrent and causing interference with military duty.

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 31 October 1973, the date the applicant was honorably discharged from active duty.  The time for the applicant to file a request for correction of any error or injustice expired on 31 October 1976.

The application is dated 19 October 2000 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__rwa___  __dph___  ___rtd__  CONCUR WITH DETERMINATION

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

INDEX

CASE ID	AR2000049409	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	142.00	
2.		
3.		
4.		
5.		
6.