MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 December 2001                   
	DOCKET NUMBER:   AR2001062407

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		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 administrative discharge be changed to a medical discharge.

APPLICANT STATES:  That he saw a mental doctor once while in the Army.  He is now seeing a mental doctor and taking medication.  He provides no supporting evidence.

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

His enlistment documents show he was born on 15 April 1957  (In a 1983 application to the Board to correct his birthdate, he presented evidence to show he was born on 15 April 1959.)  His enlistment physical examination shows he was evaluated by neuro-psychiatry due to a record of “joy riding” and possible car theft.  The impression was that he was emotionally immature but he was found to be qualified for enlistment.  He enlisted in the Regular Army on 3 February 1976.  

The applicant’s service medical records show that, on an unknown date, he was seen by the Mental Health Clinic Service for a complaint of difficulty adjusting to the military structure within his unit.  He was diagnosed with an adjustment reaction coupled with an immature personality.  

On 27 April 1977, the commander initiated separation action on the applicant under the provisions of Army Regulation 635-200, paragraph 5-37, Expeditious Discharge Program.  The commander cited the applicant’s lack of motivation to function as a soldier, his apathetic feeling towards the service, his constantly needing supervision, and his inability to maintain his billets living area.  Four specific counseling statements were cited.  The commander recommended he receive a general discharge under honorable conditions.  

On 27 April 1977, the applicant acknowledged notification of the action and voluntarily consented to the discharge.

On 2 May 1977, the applicant completed a separation physical.  The Report of Medical Examination, SF 88, did not indicate any psychiatric problems and he was found qualified for separation.

On 3 May 1977, the appropriate authority approved the recommendation and directed the applicant be given a general discharge under honorable conditions.

On 18 May 1977, the applicant was discharged, with a general discharge under honorable conditions, in pay grade E-2, under the provisions of Army Regulation 635-200, paragraph 5-37.  He had completed 1 year, 3 months, and 6 days of creditable active service and had no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  At the time paragraph 5-37 provided that members who had completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential could be discharged.  It provided for the expeditious elimination of substandard, nonproductive soldiers before board or punitive action becomes necessary.  No member would be discharged under this program unless he/she voluntarily consented to the proposed discharge.  

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. 

Army Regulation 40-501 governs medical fitness standards for enlistment, retention, and separation.  Paragraphs 3-35 and 3-36 state that personality disorders and adjustment disorders will be dealt with or may be the basis for administrative separation.

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.  The applicant has failed to submit evidence that would satisfy this requirement.

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

3.  The Board notes that the applicant was evaluated by mental health services both before his enlistment and prior to his discharge.  However, the primary diagnoses both times were that he was immature (a reasonable diagnosis given his age) but never was he diagnosed as psychotic or otherwise unable to distinguish right from wrong and to adhere to the right.  The type of discharge given was appropriate considering the applicant’s mental evaluation diagnoses and his overall military record.

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

__fne___  __tap___  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062407	
SUFFIX		
RECON		
DATE BOARDED	20011206	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19770518	
DISCHARGE AUTHORITY	AR 635-200, ch 5-37	
DISCHARGE REASON	A07.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.