PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            19 January 2000                  
	DOCKET NUMBER:   AR1999029772

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected by upgrading his discharges from active duty and the Individual Ready Reserves (IRR). 

3.  The applicant states that his active duty and IRR time was honorable; and that he fulfilled his service obligation in the IRR with no disciplinary action being taken against him.  In support of his request the applicant submits documents from his employer in 1996 showing he was selected as security officer of the month, awarded a Special Distinction Award, and a Certificate of Appreciation. He also submits a legal assistant/paralegal certificate from the Blackstone School of Law, in 1997, and a diploma from the Detective Training Institute for completion of the Master Detective Course in Private Investigation, in 1998.

4.  The applicant’s military records show that on 7 August 1981, he enlisted in the Regular Army for a period of 4 years.  He successfully completed basic training at Fort Dix, New Jersey, and advanced individual training at Fort Sam Houston, Texas; and was assigned to Fort Bragg, North Carolina as a Veterinary Specialist (MOS 91R). 

5.  On 17 May 1982, a Psychiatric Evaluation diagnosed the applicant with mixed character behavior disorder, with strong borderline hypochondriacal traits; and recommended that he be separated from the military, under the provisions of Army Regulation 635-200.  The evaluation cleared the applicant for whatever administrative action deemed appropriate by the command.

6.  On 25 May 1982, the applicant’s commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200, paragraph 5-31 (Expeditious Discharge Program), for social/emotional maladjustment, short memory span, and for his being unable to adjust to the Army environment.  He recommended that the applicant’s service be characterized as honorable. 

7.  On 26 May 1982, a physical examination cleared the applicant for separation.

8.  On 28 May 1982, having been advised by legal counsel, the applicant authenticated a statement with his initials and signature in which he acknowledged notification of his commander’s proposed action to separate him from military service, waived representation by counsel, and declined the opportunity to submit statements in his own behalf.

9.  On 2 June 1982, the appropriate separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200, chapter 5, and directed the issuance of a general discharge certificate and his transfer to the IRR.

10.  On 14 June 1982, the applicant was released from active duty under the above cited regulation.  His Report of Separation indicates he had 10 months and 8 days of active Federal service.

11.  There are no documents in the applicant’s available records concerning his discharge from the IRR, however, based on his statutory 6 years service obligation he would have been discharged from the IRR on 6 August 1987.  

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, then in effect provided that an individual who had completed at least 6 months, but less than 36 months of active duty and who demonstrated (by poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential) that they could not or would not meet acceptable standards could be separated under the EDP.  Such personnel were issued a general or honorable discharge, as appropriate, except that a recommendation for a general discharge had to be initiated by the immediate commander and the individual had to be afforded the opportunity to consult with legal counsel.

CONCLUSIONS:

1.  The applicant’s records should be corrected to show he was issued an honorable discharge.  Regulations in effect at the time allowed for the issuance of a general discharge, only if initiated by the immediate commander, the applicant’s immediate commander recommended that his service be characterized as honorable.  

2.  Although there is no documentation in the applicant’s records concerning his discharge from the IRR, an upgrade to honorable would also be appropriate.  

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by upgrading the applicant’s characterization of service on his release from active duty on 14 June 1982, and his discharge from the IRR on 6 August 1987 to honorable. 

BOARD VOTE:  

___rvo___  ___clg__  ___jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR19990297772	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000119	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 360	110.00	
2.		
3.		
4.		
5.		
6.