MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 APRIL 2002
	DOCKET NUMBER:   AR2002066898

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Richard T. Dunbar		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 records be corrected to reflect disability retirement or separation.

APPLICANT STATES:  In effect, that he was misdiagnosed with a "mental disorder" and was subsequently diagnosed by a civilian psychiatrist who "has had [him] under treatment since."  He states that "due to the original diagnosis" he went "untreated for major depression for 26 years."  He submits no evidence in support of his request.

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

He entered active duty on 19 June 1961.  His entrance physical examination indicated he was medically qualified for enlistment.  He successfully completed training and by March 1962 had been promoted to pay grade E-3.

On 26 May 1962 the applicant departed AWOL (absent without leave).  He was dropped from the rolls of the Army in June 1962 and returned to military control in July 1962.  As a result of his AWOL, the applicant was convicted by a special court-martial.  His sentence included reduction to pay grade E-2.

On 5 September 1962 the applicant's unit commander requested that the applicant be administratively separated from active duty under the provisions of Army Regulation 635-209.  The commander noted that the applicant's conduct and efficiency were unsatisfactory and that it was the opinion of "the Post Neuropsychistrist [sic]" that the applicant be separated "as expeditiously as possible."  Records available to the Board did not include the entire separation package, nor was the applicant's mental status evaluation available.  The unit commander's 5 September request did note, however, that the statement from the "Medical Officer" and a statement from the service member were included with his request. 

The unit commander's request was approved, and on 14 September 1962 the applicant was discharged under honorable conditions.

There were no medical records available to the Board.

Army Regulation 635-209, in effect at the time, set forth the policy and prescribed procedures for eliminating enlisted personnel for unsuitability.  Action was to be taken to discharge an individual for unsuitability when, in the commander's opinion, it was clearly established that: the individual was unlikely to develop sufficiently to participate in further military training and/or become a satisfactory soldier or the individual's psychiatric or physical condition was such as to not warrant discharge for disability.  Unsuitability included inaptitude, character and behavior disorders, disorders of intelligence and transient personality disorders due to acute or special stress, apathy, defective attitude, and inability to expend effort constructively.  Evaluation by a medical officer was required and, when psychiatric indications are involved, the medical officer must be a psychiatrist, if one was available.  A general or honorable discharge was considered appropriate.

Title 10, United States Code provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.  It also provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

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 the absence of evidence to the contrary, it is presumed that the applicant's administrative separation was accomplished in accordance with policies and procedures in effect at the time.

2.  The Board notes that the applicant has not provided any evidence, and there is no evidence in available records, which indicates he had any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

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 that 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

__MKP__  __EJA___  __RTD__  DENY APPLICATION

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

INDEX

CASE ID	AR2002066898	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020411	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.