MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 March 2001     
	DOCKET NUMBER:   AR2001053397

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Gail J. Wire		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 general discharge be upgraded to honorable.

APPLICANT STATES:  That he believes his discharge should be honorable.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge). 

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

The applicant enlisted on 1 August 1967 for a period of 3 years.  While in basic training, nonjudicial punishment was imposed against the applicant for being AWOL from 20 August 1967 to 23 August 1967.  His punishment consisted of 
7 days of correctional custody.

After completion of basic and advanced individual training, the applicant was transferred to Vietnam for duty as a wheel vehicle mechanic.  He served in Vietnam from 14 January 1968 through 7 May 1968.

The applicant underwent a psychiatric evaluation on 10 May 1968 and was diagnosed with personality, inadequate, chronic, severe, manifested by inability to establish and accomplish long term goals, conviction of being weak, lack of interpersonal relationships, inability to function in any military assignment despite four military occupational specialty changes.  The psychiatrist determined that while the applicant was not medically impaired for further duty, his characterological structure was so fixed and so marked that it would essentially preclude useful service.  The psychiatrist strongly recommended that administrative disposition through appropriate channels be considered. 

On 10 June 1968 the applicant was notified of his pending separation under the provisions of Army Regulation 635-212 for unsuitability.

On 11 June 1968 the applicant acknowledged notification of his pending separation under the provisions of Army Regulation 635-212, waived his right to a hearing before a board of officers and elected not to make a statement in his own behalf.

On 11 June 1968 the applicant’s commander submitted a recommendation to discharge him from the service under the provisions of Army Regulation 635-212, for unsuitability by reason of character and behavior disorders.  The applicant’s psychiatric evaluation was cited as the basis for the recommendation.

On 13 June 1968, the appropriate authority approved the recommendation for discharge under the provisions of Army Regulation 635-212, for unsuitability by reason of character and behavior disorders, and directed that the applicant be issued a general discharge.

Accordingly, the applicant was discharged under honorable conditions (a general discharge) on 24 June 1968 under the provisions of Army Regulation 635-212 for unsuitability by reason of character and behavior disorders.  He had served 
10 months and 21 days of total active service.

There is no evidence in the available records which shows the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-212, then in effect, set forth the policy and procedures for the administrative separation of enlisted personnel for unfitness and unsuitability. It provided, in pertinent part, for the discharge due to unsuitability of those individuals with character and behavior disorders and disorders of intelligence as determined by medical authority.  When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record. 

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.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.

3.  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.

4.  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

RWA____  ALR____  GJW____  DENY APPLICATION

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

INDEX

CASE ID	AR2001053397	
SUFFIX		
RECON		
DATE BOARDED	20010327	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19680624	
DISCHARGE AUTHORITY	AR 635-212  	
DISCHARGE REASON	Unsuitability	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.