PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           16 August 2001
	DOCKET NUMBER:   AR2000050773

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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 (UD) be upgraded to general, under honorable conditions (GD).

3.  The applicant states, in effect, that he was absent without leave (AWOL) on several occasions because, after his first period of AWOL, he was blackballed by his chain of command.  He also states that the pressure of being blackballed was too great, that he could not cope with it, and that he has been in and out of mental institutions and under doctor’s care since 1970.

4.  The applicant’s military records show that he enlisted in the Regular Army on 24 April 1967 for a period of 3 years and the United States Army Airborne Training Enlistment Option.  During basic combat training and advanced individual training, the applicant achieved excellent efficiency and conduct ratings.  Following completion of all military training, the applicant was awarded military occupational specialty (MOS) 05B, Radio Operator, and was assigned to Fort Hood, Texas.

5.  On 26 August 1967, the applicant failed the Airborne Physical Fitness Test.

6.  On 13 November 1967, the applicant departed his unit in an absent without leave (AWOL) status and remained absent until he returned to military control on 24 November 1967.

7.  On 4 December 1967, the applicant again departed his unit in an AWOL status and remained absent until he returned to military control on 15 December 1967 at Fort Polk, Louisiana.  

8.  On 18 January 1968, the applicant was found guilty by a special court-martial of two specifications of AWOL.  He was sentenced to confinement at hard labor for 6 months and forfeiture of $68.00 pay per month for 6 months.  On 2 February 1968, the unexecuted portion of the applicant’s sentence was suspended for 6 months unless sooner vacated.

9.  On 12 March 1968, the applicant was transferred to the Federal Republic of Germany.

10.  On 2 July 1968, the applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for failing to go at the time prescribed to his appointed place of duty, to wit: bed check and did remain in an AWOL status from 0100 hours until 0300 hours.  His punishment consisted of forfeiture of $15.00 pay and 2 hours of extra duty per day for 2 days.

11.  On 19 July 1968, the applicant was found guilty by a special court-martial of failing to go to guard mount duty and disobeying the lawful command of a superior officer to report for guard duty.  He was sentenced to confinement at hard labor for 3 months, forfeiture of $40.00 per month for 3 months and reduction in rank to private/E-1.  On 3 September 1968, the unexecuted portion of the applicant’s sentence to confinement at hard labor for 3 months was suspended for 45 days unless sooner vacated.

12.  On 16 December 1969, the applicant departed his unit in an AWOL status and remained absent until 8 October 1970.  On 10 October 1970, the applicant was placed in pre-trial confinement in the Fort Belvoir, Virginia Post Stockade. 

13.  On 21 October 1970, after consulting with legal counsel concerning his rights, the applicant requested discharge under the provisions of chapter 10, Army Regulation 635-200.  He submitted a statement in his own behalf reflecting, in effect, that he enlisted in the Army because he thought he could function effectively as an individual and serve his country at the same time.  He further stated that he had been harassed and discriminated against for the very reasons he joined the Army and that because of this harassment and discrimination, he has developed depression, mental anxiety and other disorders that led to his use of drugs and alcohol.  He concluded by stating that because of his problems, he wanted to flee and be with his own kind, but out of obligation he returned to the Army to suffer the legal consequences. 

14.  On 22 October 1970, the applicant was charged with AWOL for the period from 6 February 1970 (sic) through 9 October 1970.

15.  On 4 November 1970, a physical examination cleared the applicant for separation.  No mental evaluation was done, nor was it required at that time.

16.  On 16 November 1970, the unit commander recommended approval of the applicant’s request for discharge under the provisions of chapter 10 with a UD.

17.  On 18 November 1970, the intermediate commander submitted a memorandum for record indicating he interviewed the applicant regarding his separation from the Army.  The applicant indicated to the intermediate commander that he went AWOL because of financial reasons and while he was AWOL he used drugs extensively.  The intermediate commander recommended approval of the applicant’s request for discharge under the provisions of chapter 10 with a UD.

18.  On 29 November 1970, the appropriate authority approved the applicant’s request for discharge with a UD.  Accordingly, on 4 December 1970, the applicant was discharged from the Army after completing 2 years and 4 months of creditable military service and accruing 247 days of lost time prior to his expiration term of service (ETS) and 219 days subsequent to normal ETS.

19.  On 8 April 1971, the Clinical Director of the Department of Mental Hygiene and Hospitals, Central State Hospital (VA) stated that after careful observation, examination, and learning of the applicant’s past behavior it was the opinion of his staff that the applicant was a Paranoid Schizophrenic of long standing.  The Director also noted that it was most likely that his past behavior was a result of this mental illness.

20.  On 30 March 1972, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgrade of his discharge.

21.  On 14 March 1985, a Veteran Affairs claims agent from the Commonwealth of Virginia submitted medical records to the ADRB as supporting documentation to the issues presented on the applicant’s DD Form 293, Application for the Review of Discharge or Dismissal from the Armed Forces of the United States. These medical records consisted of summaries of the applicant’s involuntary admissions to Central State Hospital, Petersburg, Virginia for diagnosis and treatment of his mental illness.  The applicant was first involuntarily committed to Central State Hospital on 5 March 1971--approximately 3 months after his discharge from the Army--for being mentally ill, belligerent, and paranoid.  He remained in the hospital until 29 September 1971.  He was diagnosed with Schizophrenia, Paranoid Type.  Subsequent to his initial hospitalization, the applicant has since been hospitalized a total of ten times and each time the diagnosis was consistent with the initial diagnosis.

22.  On 5 November 1985, the ADRB notified the applicant that his requested personal appearance before the ADRB was scheduled for 7 January 1986.  The ADRB again reviewed the applicant’s request for an upgrade of his discharge and, on 17 January 1986, the ADRB again denied the applicant’s request.

23.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of a UD.

CONCLUSIONS:

1.  The applicant’s administrative separation under the provisions of chapter 10, AR 635-200 in lieu of trial by court-martial was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

2.  The Board noted the applicant’s contentions concerning his problems with his chain of command and how these problems were unbearable and led to his periods of AWOL.  The Board carefully reviewed the applicant’s contentions, but found no evidence of discrimination or harassment by the applicant’s chain of command.  

3.  The Board noted that shortly after the applicant’s discharge from the Army, he was admitted to Central State Hospital and diagnosed as a Paranoid Schizophrenic.  Additionally, the Clinical Director of the Department of Mental Hygiene and Hospitals, Central State Hospital, stated that the applicant’s past behavior was most likely a result of his mental illness.

4.  While the Board does not condone the applicant’s misconduct, the Board concluded that the applicant’s mental illness impacted his ability to serve and be a productive soldier.  Therefore, the Board finds that the applicant’s characterization of service was too harsh.

5.  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 be corrected to show that the individual concerned was separated from service with a General Discharge Certificate on 4 December 1970 under the provisions of chapter 10, AR 635-200 in lieu of trial by court-martial. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_JH_____  __TFB___  __JTM_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____June Hajjar_________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050773	
SUFFIX		
RECON		
DATE BOARDED	20010816	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19701204	
DISCHARGE AUTHORITY	AR 635-200, c10	
DISCHARGE REASON	In lieu of trial by court-martial	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	DASA	
ISSUES         1.	144.9405	
2.		
3.		
4.		
5.		
6.