MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 December 2001                   
	DOCKET NUMBER:   AR2001061571

	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. Karol A. Kennedy		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 upgraded.

APPLICANT STATES:  That the reason behind his discharge was his psychological condition.  He feels he should have been treated for his psychological condition and given a better discharge.  He has had severe psychological problems since the date of his discharge and has been granted total disability from the Social Security Administration for his condition.  He had three years of prior honorable service and he feels this should be considered.  He provides no supporting evidence.

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

He initially enlisted in the Regular Army on 1 June 1954 and was honorably separated on 31 May 1957.  He reenlisted on 24 January 1958.

On 21 May 1958, the applicant was convicted by a special court-martial of theft.

On 26 September 1958, he was convicted by a summary court-martial of having an unauthorized pass in his possession.  

On 4 December 1958, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for missing bed check and reveille.

On 17 December 1958, the applicant was convicted by a summary court-martial of sleeping on his post as a sentinel.  

On 2 January 1959, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for missing bed check.  

On 4 January 1959, a separation physical found the applicant to be qualified for separation.

On 7 January 1959, a neuro-psychiatric evaluation diagnosed the applicant with inadequate personality, depressive reaction.  His mental status was noted as severely depressed.  It was recommended he be discharged under the provisions of Army Regulation 635-209 (unsuitability).

On 2 February 1959, the applicant was notified to appear before a board of officers to determine if he should be discharged under the provisions of Army Regulation 635-208 (unfitness).  On 6 February 1959, he appeared before a board of officers who considered his record and the testimony of witnesses, including those called by the applicant, and recommended he be separated with an undesirable discharge due to unfitness.  The appropriate authority approved the recommendation.

On 28 March 1959, the applicant was discharged, with an undesirable, discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-208 after completing 1 year, 2 months, and 5 days of creditable active service for that period and a total of 4 years, 9 months, and     28 days of creditable active service.

A 15 June 1988 letter from the Community Mental Health Center, Bolivar, TN indicates the applicant had been diagnosed with personality disorder with a secondary diagnosis of dysthymia. 

Army Regulation 635-208, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness.  The regulation provided for the discharge of individuals by reason of unfitness with an undesirable discharge when it had been determined that an individual’s military record was characterized by one of more of the following:  frequent incidents of a discreditable nature with civil or military authorities; sexual perversion; drug addiction or the unauthorized use or possession of habit forming narcotic drugs or marijuana; an established pattern for shirking; or an established pattern showing dishonorable failure to pay just debts.  The type of discharge and character of service will be determined solely by the military record during the current enlistment from which the soldier is being separated.

The Diagnostic and Statistical Manual of Mental Disorders, 4th edition (DSM-IV) states that a personality disorder is an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual’s culture, is pervasive and inflexible, and has an onset in adolescence or early adulthood.
Dysthymic disorder is described as a mood disorder of which the essential feature is a chronically depressed mood.  The essential feature of a major depressive episode is a period of at least 2 weeks during which there is either depressed mood or the loss of interest or pleasure in nearly all activities.  

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.  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.

3.  It appears that the applicant’s only psychological conditions diagnosed during his second enlistment were personality disorder and depressive reaction.  In 1988, he was diagnosed with personality disorder and dysthymia.  There is no evidence to show that he was ever diagnosed with a psychotic-type disorder that precluded him from being able to distinguish right from wrong and to adhere to the right.  Therefore, there is no evidence to show that his numerous instances of misconduct were the result of his psychological conditions.

4.  The applicant’s prior good service was recognized with his first honorable characterization of separation.  His record of service during his second period of service, however, with his record of mostly minor but numerous infractions of discipline, appropriately warranted the type of discharge given.

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

__kak___  __reb___  __teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061571	
SUFFIX		
RECON		
DATE BOARDED	20011211	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19590328	
DISCHARGE AUTHORITY	AR 635-208 	
DISCHARGE REASON	A51.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.