MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 June 2002
	DOCKET NUMBER:   AR2002066377

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman		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 rank be reinstated on his discharge.

APPLICANT STATES:  In effect, that he had no personality disorder, but suffered a nervous breakdown.  He goes on to state that he was a good sergeant and after his breakdown, things did not go so well.

EVIDENCE OF RECORD:  The applicant's military records were partially destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, information obtained from the surviving records show:

He was initially inducted in Atlanta, Georgia, on 3 July 1952 and served until he was honorably released from active duty on 5 May 1954 in the rank of sergeant (SGT).  He enlisted in the Regular Army on 15 July 1954 and on 14 June 1956, he reenlisted for a period of 6 years. 

On 10 February 1957, he was convicted by a special court-martial of disobeying a lawful order from a commissioned officer.  He was sentenced to a reduction to the pay grade of E-2.

On 18 March 1957, while stationed in Korea, nonjudicial punishment was imposed against him for being in an off-limits area.  His punishment consisted of 14 days of extra duty.

On 17 April 1957, the applicant underwent a neuro-psychiatric examination and was diagnosed with aggressive reaction.  The psychiatrist opined that his condition was of such a nature that it would prevent him from performing effectively and recommended administrative discharge for unsuitability under the provisions of Army Regulation 635-209.

On 23 April 1957, he underwent a psychiatric evaluation and was diagnosed with aggressive reaction, manifested by destructive behavior in reaction to frustration. Again, administrative discharge for unsuitability was recommended.

The applicant’s commander submitted a request for discharge under the provisions of Army Regulation 635-209, for unsuitability on 8 May 1957.  He cited as the basis for his request, the applicant’s disciplinary record, the psychiatric reports, and the applicant’s display of explosive aggressive reactions that were considered dangerous to himself and others.

The applicant appeared before a board of officers on 20 May 1957, who were appointed to determine if the applicant should remain in the service or be discharged.  He was represented by counsel and elected not to call any witnesses or make a statement in his own behalf.  After hearing testimony and reviewing the evidence of record, the board found that the applicant was unsuitable for further military service because of character and behavior disorders and disruptive reactions to acute or special stress.  The board recommended that he be discharged for unsuitability under the provisions of Army Regulation 635-209 and issued a General Discharge Certificate.

The appropriate authority approved the findings and recommendation of the board and the applicant was discharged under honorable conditions on 3 July 1957, under the provisions of Army Regulation 635-209, for unsuitability based on character and behavior disorders.  He was discharged in the rank of private.

On 19 October 1978, he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  The ADRB approved his request on 20 February 1980 and upgraded his discharge to honorable based on current standards.

Army Regulation 635-209, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unsuitability when it was determined that it was unlikely that an individual would develop sufficiently to participate in further military training and/or become a satisfactory soldier.  An honorable or general discharge was authorized.

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 contention that he should not have been separated in the rank of private at the time of his discharge has been noted by the Board and appears to be without merit.  The applicant was reduced as a result of his conviction at a trial by court-martial and not as a result of his discharge.  Accordingly, he was properly discharged in the rank he held at the time of discharge and he has provided no evidence to show that he was discharged in the wrong rank.

3.  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

__dh____  ___cla___  __be____  DENY APPLICATION

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

INDEX

CASE ID	AR2002066377	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/13	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  322	133.0000/RED IN RK	
2.		
3.		
4.		
5.		
6.