MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 May 2002                   
	DOCKET NUMBER:   AR2002069400

	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. Melvin H. Meyer		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Donald P. Hupman, 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 general discharge under honorable conditions be upgraded.

APPLICANT STATES:  That shortly after he was discharged he was diagnosed as being a manic-depressive.  That accounts for his actions in the Army.  He should have received a mental health examination, medications, and counseling instead of just receiving a general discharge especially in light of the fact he completed his 2-year enlistment.  He provides no supporting evidence but states he can send an affidavit from the Department of Veterans Affairs verifying his mental disability.  

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

He enlisted in the Regular Army on 26 February 1971.  He completed basic training and advanced individual training and was awarded military occupational specialty 94B (Cook).

Between August 1971 and 17 July 1972, the applicant accepted nonjudicial punishment on five occasions – for being absent without leave (AWOL) from     28 July to on or about 14 August 1971; for failing to go to his appointed place of duty and breaking restriction; for assault; for disobeying a lawful order and failing to repair; and for being AWOL from 8 to on or about 14 July 1972, respectively.

In December 1971, the applicant was investigated for possession of an illegal substance (pills, some form of downers).  In his subsequent statement he indicated that he bought and took the pills because he was depressed.  He was evaluated by a psychiatrist at the Fort Knox Medical Department Activities on    13 December 1971.  The psychiatrist noted that the applicant showed no sign of psychosis or difficulty with reality testing but could not say that his reality testing mechanism had been impaired at any other time.  

The applicant was AWOL from 6 September to on or about 8 November 1972 but it does not appear he received disciplinary action for this AWOL.  

On 14 December 1972, the applicant underwent a mental status evaluation.  He was found to be mentally responsible, to be able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.

On 14 December 1972, the company commander recommended the applicant be separated under the provisions of Army Regulation 635-212 for unsuitability due to his inability to work constructively, immaturity, impulsivity, irresponsibility, uncooperativeness, and poor motivation.  

On 15 December 1972, the applicant waived consideration of his case by a board of officers, waived personal appearance before a board, and waived representation by counsel.  He elected not to submit a statement in his own behalf. 

On 10 January 1973, the appropriate authority approved the recommendation and directed issuance of a General Discharge Certificate.

On 19 January 1973, the applicant was discharged with a general discharge under honorable conditions under the provisions of Army Regulation 635-212 for unsuitability.  He had completed 1 year, 7 months, and 29 days of creditable active service and had 87 days of lost time.  

On 26 May 1982, the Army Discharge Review Board (ADRB) denied the applicant’s request to upgrade his discharge.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members were subject to separation for unsuitability for inaptitude, character and behavior disorders, apathy (lack of appropriate interest), defective attitudes, 
and inability to expend effort constructively, alcoholism, and enuresis.  A general under honorable conditions characterization of service was normally appropriate.

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 regulations applicable at the time with no indication of procedural errors which would tend to jeopardize his rights. 

3.  The evidence of record shows that the applicant mentioned in late 1971 that he was depressed but a psychiatric evaluation at that time determined he was not psychotic and he had a grasp of reality.  He received another mental status evaluation in late 1972 and it was determined that he was able to distinguish right from wrong and to adhere to the right.  There is no evidence that his current diagnosis of manic-depression affects/affected his ability to be able to distinguish right from wrong.

4.  The applicant did not complete his 2-year enlistment.  As a result of his three periods of AWOL, he completed just less than 1 year and 8 months of that enlistment.

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

__mhm___  __kan___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2002069400	
SUFFIX		
RECON		
DATE BOARDED	20020514	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19730119	
DISCHARGE AUTHORITY	AR 635-212 	
DISCHARGE REASON	A40.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.