MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          12 September 2002
	DOCKET NUMBER:  AR2002073750

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman, Jr.		Member	
	Mr. William D. Powers		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:  Reconsideration of his earlier appeal to correct his military records by upgrading his bad conduct discharge (BCD) to a general or honorable discharge.  

APPLICANT STATES:  In effect, that his BCD should be upgraded because he was abused while in the Fort Dix (New Jersey) Stockade and that he now suffers from Post Traumatic Stress Disorder (PTSD) as a result of that abuse.  In support of his application, he provides:  a statement from an individual who identifies himself as a former soldier who served as a guard at the Fort Dix Stockade in late 1966, and who attests to the treatment received by prisoners assigned to the segregation section of the stockade; an 18 February 2002 letter from a doctor indicating the applicant suffers from paranoid schizophrenia; a 3 April 2000 letter from a readjustment counseling therapist stating that the applicant was suffering from schizophrenia prior to entering military service and that his stockade experience exacerbated it.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records, which were summarized in the decisional document, prepared to reflect the Board's previous consideration of the case (AR1999021633) on 2 September 1999.  The applicant’s submissions are new evidence that requires Board consideration.

The statement from the individual purporting to have been a guard at the Fort Dix Stockade in late 1966 indicates that some guards demonstrated questionable conduct towards prisoners.  He adds that prisoners in disciplinary segregation were "locked down" for 23 hours per day and only allowed 1 hour per day of exercise out of their cells.  He states that he witnessed guards mistreat prisoners by physically and emotionally abusing them.

Army Regulation 190-47 (The Army Corrections System) establishes policies, procedures, and responsibilities for operation of the US Army Corrections System.  It states, in pertinent part, that disciplinary segregation is a formal disciplinary measure that may be imposed for an indefinite period, but normally should not exceed 60 consecutive days.  Prisoners in disciplinary segregation will be kept under close supervision and will be observed at least every 30 minutes by on-duty custodial staff personnel.  A noncommissioned officer, experienced in correctional supervision, will be in charge of the disciplinary segregation area at all times.  Space allotment for disciplinary segregation cells constructed prior to 1 January 1995 will be at least 8 feet long, by 6 feet wide, by 8 feet high.

Army Regulation 25-400-2 (The Modern Army Recordkeeping System) prescribes the policies and procedures to properly manage information, from its creation through final disposition, according to Federal laws and Army recordkeeping requirements.  It states, in pertinent part, that prisoner records will be maintained for 4 years after a prisoner is released, then destroyed.

Army Regulation 15-185 (Army Board For Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  It states, in pertinent part, that if the ABCMR receives a request for reconsideration after the ABCMR has already considered one request for reconsideration, the ABCMR staff will review the request to determine if substantial relevant evidence is submitted showing fraud, mistake of law, mathematical miscalculation, manifest error, or the existence of substantial relevant new evidence discovered contemporaneously or within a short time after the ABCMR’s original consideration.  If the ABCMR staff finds such evidence, it will be submitted to the ABCMR for its determination of whether a material error or injustice exists and the proper remedy.  If the ABCMR staff does not find such evidence, the application will be returned to the applicant without action.

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.  The Board has not examined correctional records pertaining to the applicant; such records would have been destroyed 4 years after the applicant's release from confinement.

2.  The statement from the individual who alleges that he was a former soldier and guard at the Fort Dix Stockade is unsubstantiated.  However, even if the Board accepts the statement at face value, it is a general statement not specific to the applicant or his situation.  It does not state that the applicant was ever in disciplinary segregation or that he ever suffered any form of abuse.  The Board does not accept the applicant's argument that he was abused in confinement.

3.  The applicant's contention that he was abused as a stockade prisoner and that, for this reason, his discharge should be upgraded is without merit.  The applicant's BCD, like his confinement, was the direct result of his conviction by a General Court-Martial.  His treatment in confinement had no bearing on the misconduct for which he received a BCD.

4.  The Board noted that both the doctor's and counselor's statements indicated that the applicant suffers from Schizophrenia, Paranoid Type, and that it existed prior to service.  The applicant provided no evidence that his experience in the stockade was the cause of his PTSD.

5.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

6.  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

__jns___  __dph___  __wdb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002073750	
SUFFIX		
RECON		
DATE BOARDED	20020912	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 635-204 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.9405	
2.		
3.		
4.		
5.		
6.