MEMORANDUM OF CONSIDERATION

		IN THE CASE OF

		BOARD DATE:           30 October 2003                   
		DOCKET NUMBER:  AR2003090116

	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. Yvonne J. Foskey 		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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:  In effect, the reason for her discharge be changed.  

APPLICANT STATES:  In effect, that she does not want her military records to reflect that she was discharged for psychiatric reasons.  She claims that she was raped and beaten, which caused the problems she experienced that were interpreted to be psychological, but were instead medical.  She provides facts and circumstances of the alleged rape in her enclosed self-authored statement and comments on how these issues were not addressed at the time of her discharge.  The applicant claims that she was told to accept the discharge or she would eventually be separated for psychiatric reasons.  

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

On 13 February 1969, she enlisted into the Regular Army for 3 years.  Her Enlisted Qualification Record (DA Form 20) shows that she successfully completed basic training at Fort McClellan, Alabama and advanced individual training (AIT) at Fort Sam Houston, Texas.  Upon completion of AIT, she was awarded military occupational specialty (MOS) 91A (Medical Corpsman), and the highest rank she attained while on active duty was private first class/E-3 (PFC).   

On 12 November 1969, while assigned to Fort Huachuca, Arizona, the applicant was referred to the Mental Hygiene Consultation Division for evaluation.  The attending psychiatrist diagnosed her as having a schizoid personality with severe hysterical features.  He also recommended that the applicant be processed for administrative separation under the provisions of Army Regulation 635-212 due to her severe problems in adjusting to military life based on her diagnosed condition.  

On 20 November 1969, the applicant was notified by her unit commander that action was being initiated to separate her under the provisions of Army Regulation 635-212, for unsuitability.  The applicant consulted with legal counsel, and after being advised of the basis of the contemplated separation action and the effects she completed her election of rights.  She elected to waive consideration of her case by a board of officers and representation by counsel.  She also elected not to submit a statement of rebuttal in her own behalf.

On 28 November 1969, the separation authority approved the applicant’s discharge and directed that she receive an HD.  On 22 December 1969, the applicant was discharged accordingly.  The DD 214 issued to the applicant at the time of separation confirms that she completed 10 months and 10 days of creditable active military service.

The record gives no indication that the applicant requested an upgrade of or change to the reason to her discharge from the Army Discharge Review Board within its 15 year statue of limitations.

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 6b provided the authority to separate members by reason of character and behavior disorder.  A general or honorable 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.  The applicant’s contention that the reason should have been based on medical reasons and not psychiatric reasons was carefully considered.  However, there is no evidence of record and the applicant has failed to provide sufficient evidence to support this claim.  
   
2.  The evidence of record confirms that the applicant’s discharge processing was accomplished in accordance with the applicable regulation in effect at the time.  The applicant was properly evaluated by a psychiatrist and based on his diagnosis and recommendation, she was processed for separation.  

3.  The evidence further confirms that the applicant consulted with legal counsel and after being advised of the basis for her separation, she elected to waive her right to have her case considered by a board of officers and she chose not to submit a rebuttal statement in her own behalf.  As a result, it is determined that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  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

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

____CLG__  __EL___  __LB___  DENY APPLICATION

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

INDEX

CASE ID	AR2003090116	
SUFFIX		
RECON		
DATE BOARDED	2003.10.	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1969/10/13	
DISCHARGE AUTHORITY	AR .635-212  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.