PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 March 2000                   
	DOCKET NUMBER:   AR1999030216

	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.  

	Mrs. Nancy Amos		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 that his discharge be upgraded to honorable.

3.  The applicant states that he was voluntarily admitted to the hospital in November 1960 suffering from overwork and exhaustion.  While there, he was asked if he would agree to take experimental drugs and he agreed.  One of the drugs was LSD.  The drug basically affected his thinking processes and work.  In order to survive mentally, he accepted a poor efficiency rating and a general discharge.

4.  The applicant’s military records show that he enlisted in the Regular Army on 31 March 1960.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 640.00 (Light Vehicle Driver).

5.  An abstract of the applicant’s outpatient medical records shows he was treated on 7 October 1960 for mild anxiety and nervousness.  On 17 November 1960 he was treated for a complaint about nervousness since entering the Army. The abstract noted that he considered seeing a psychiatrist prior to entering the service but his parents vetoed the idea.  His available medical records do not show that he was given experimental drugs.

6.  On 28 November 1960, the applicant was hospitalized and diagnosed with schizophrenic reaction, acute.  On 19 December 1960, he received a psychiatric evaluation.  He was found to have the mental capacity to understand and participate in board proceedings.  He was diagnosed with emotional instability reaction, chronic, moderate; manifested by suicidal ideation, poor interpersonal and occupational history, insecurity, immaturity, and occasional phobic-like experiences.

7.  Discharge proceedings were initiated on the applicant under Army Regulation 635-209 for unsuitability.  The commander noted that the applicant presented no disciplinary problem but did appear unable to take care of his equipment properly. 

8.  On 5 January 1961, the applicant was notified he was being recommended for discharge.  He waived his right to consult with counsel, waived his right to appear before a board of officers, and elected not to submit a statement in his own behalf.

9.  On 9 January 1961, the applicant completed a separation physical examination and was found qualified for separation.  He was given a code of “4” (severe limitations) under the “S” (psychiatric) in his PULHES physical profile serial system.

10.  On 16 January 1961, the appropriate authority approved the recommendation and directed the applicant receive a general discharge.

11. On 14 February 1961, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-209, unsuitability, with a general discharge.  He had completed 10 months and 14 days of creditable active service and had no lost time.

12.  Army Regulation 635-209 set forth the basic authority for the separation of enlisted personnel for unsuitability.  That regulation provided, in pertinent part, that a member with a character or behavior disorder, disorder of intelligence, or transient personality disorder due to acute or special stress and who was unlikely to develop sufficiently to participate in further military training and or become a satisfactory soldier, would be discharged for unsuitability.

13.  Army Regulation 635-200, which superseded AR 635-209, was revised on   1 December 1976, following settlement of a civil suit.  Thereafter, the type of discharge and the character of service was to be determined solely by the individual's military record during the current enlistment.  Further, any separation for unsuitability, based on personality disorder must include a diagnosis of a personality disorder made by a physician trained in psychiatry.  In connection with these changes, a Department of the Army Memorandum dated 14 January 1977, and better known as the Brotzman Memorandum, was promulgated.  It required retroactive application of revised policies, attitudes and changes in reviewing applications for upgrade of discharges based on personality disorders. A second memorandum, dated 8 February 1978, and better known as the Nelson Memorandum, expanded the review policy and specified that the presence of a personality disorder diagnosis would justify upgrade of a discharge to fully honorable except in cases where there are "clear and demonstrable reasons" why a fully honorable discharge should not be given. 

CONCLUSIONS:

1.  The applicant’s administrative separation on 14 February 1961 was accomplished in accordance with regulations then in effect.

2.  There is no evidence of record to show the applicant was administered LSD.  However, his overall service record and his diagnosed personality disorder warrant upgrading his discharge to fully honorable as directed by the above-referenced Army memorandums.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with an Honorable Discharge Certificate on 14 February 1961.

2.  That the Department issue to him an Honorable Discharge Certificate from the Army of the United States, dated 14 February 1961, in lieu of the general discharge of the same date now held by him.

3.  That the individual concerned be issued a new DD Form 214 reflecting the aforementioned corrections.

BOARD VOTE:  

__gdp___  __mmd___  __js____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			George D. Paxson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999030216	
SUFFIX		
RECON		
DATE BOARDED	20000301	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19610214	
DISCHARGE AUTHORITY	AR 635-209 	
DISCHARGE REASON	A42.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.