MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           1 March 2000
	DOCKET NUMBER:   AR1999029807

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		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, in effect, that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). 

3.  He states, in effect, that his misconduct was solely due to his involvement with alcohol; that he suffered from epileptic seizures and was not given appropriate medical treatment; that his drinking caused ulcers and stomach problems which led to his hospitalization; and, that the Army neglected to offer him treatment for his alcoholism.  He has submitted medical evidence in the form of a VA hospital discharge summary indicating that he is currently diagnosed with dysthymic disorder, alcohol hallucinosis, alcohol dependency, continuous, a personality disorder, and a seizure disorder.

4.  The applicant’s military records show that he enlisted on 3 March 1966 in the Regular Army for a period of 3 years.  He successfully completed basic combat training (BCT) at Fort Leonard Wood, Missouri, and advanced individual training (AIT) in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman) at Fort Dix, New Jersey.  Thereafter he was assigned to Germany.  

5.  On 17 August 1967 he reenlisted for a period of 4 years.  He was credited with 1 year, 5 months, and 14 days active military service and provided with a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his first period of honorable service.

6.  The applicant’s record documents that the highest permanent rank he held on active duty was private first class/E-3 and the record contains no documented acts of valor, achievement, or service warranting special recognition.

7.  On 13 November 1967 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for failing to go to his appointed place of duty.  His imposed punishment was forfeiture of $28, and 7 days of restriction and extra duty.

8.  On 12 December 1967 he accepted NJP for failing to be present for bed check.  His imposed punishment was forfeiture of $128 and 7 days restriction.

9.  On 18 December 1967 he accepted NJP for failing to obey a lawful order.  His imposed punishment was reduction to private/E-2, forfeiture of $23, and 14 days extra duty.

10.  On 15 January 1968 he accepted NJP for failing to go to his appointed place of duty and absenting himself without authority.  His imposed punishment was forfeiture of $50 per month for 2 months and 45 days restriction and extra duty.

11.  On 8 February 1968 he was convicted by special court-martial for violation of UCMJ, Article 134, absenting himself with the intent to avoid a field exercise and breaking restriction.  He was sentenced to reduction to private/E-1, confinement at hard labor for 4 months, and forfeiture of $37 per month for 2 months.

12.  The applicant was confined at the 43d MP Detachment Confinement Facility, North Bavaria District from 7 February-18 April 1968.  On 19 April 1968 the unexecuted portion of confinement at hard labor was suspended until 18 June 1968.

13.  On 29 February 1968 the applicant’s commander initiated a local bar to reenlistment.  

14.  On 9 May 1968 the unexecuted portion of confinement at hard labor was vacated and the applicant was confined from 10 May-27 June 1968.

15.  On 2 July 1968 the applicant’s commander recommended him for discharge under the provisions of paragraph 6b(2), AR 635-212, by reason of unsuitability.  The commander indicated that he initiated separation procedures because of a character and behavior disorder which prevented the applicant from conforming to military regulations.  The applicant was diagnosed with a passive aggressive personality disorder on 14 June 1968.  

16.  On 13 July 1968 he was convicted by special court-martial for unlawfully striking another soldier and for breaking restriction.  He was sentenced to confinement at hard labor for 6 months and forfeiture of $70 per month for
6 months.  He was confined from 12 July-7 September 1968.

17.  On 25 July 1968 the separating authority approved the applicant’s discharge under the provisions of AR 635-212 by reason of unsuitability and issuance of an General Discharge Certificate, DD Form 257A.  Accordingly, he was discharged for unsuitability on 12 September 1968 under the provisions of AR 635-212. 

18.  Department of the Army message, #302221Z, March 1976, changed “character and behavior disorder” to “personality disorder”. 

19.  Army Regulation 635-200, currently in effect, sets forth the basic authority for the separation of enlisted personnel.   Paragraph 5-13 provides, in part, when separation is because of a personality disorder, the service of a soldier separated per this paragraph will be characterized as honorable unless an entry level separation is required under chapter 3, section III.  Characterization of service under honorable conditions may be awarded to a soldier who has been convicted of an offense by general court-martial or who has been convicted by more than 

one special court-martial in the current enlistment, period of obligated service, or any extension thereof.   

20.  There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

CONCLUSIONS:

1.  The applicant’s administrative separation under the provisions of AR 635-212 by reason of unsuitability due to a character and behavior disorder was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  Under regulations currently in effect, a soldier discharged by reason of a personality disorder may receive a characterization of service of general, under honorable conditions if he/she had been convicted by a general court-martial or two special courts-martial.

3.  The Board noted that the applicant’s discharge proceedings were initiated prior to his being charged and convicted by a second special court-martial.  

4.  The Board also noted the medical evidence submitted by the applicant attesting to his currently diagnosed disorders.

5.  Notwithstanding the propriety of the discharge and taking cognizance of the applicant’s current situation, the Board concluded that the applicant’s diagnosed personality disorder mitigated the misconduct that led to his second conviction by a special court-martial.  Accordingly, the Board found the characterization of service to be inequitable.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual concerned was separated from the service with an Honorable Discharge Certificate on 12 September 1968.  

2.  That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate from the Army of the United States, dated
12 September 1968, in lieu of the discharge under honorable conditions of the same date now held by him.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

___gdp__  ___mmd_  __js_____  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029807	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19680912	
DISCHARGE AUTHORITY	AR 635-200 C5	
DISCHARGE REASON	8600	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  9442		
 2.  9500		
 3.  		
 4.		
 5.		
 6.