PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 April 2000                   
	DOCKET NUMBER:   AR1999031120

	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. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		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 general discharge under honorable conditions be upgraded to fully honorable.

3.  The applicant states that he was not aware of the nature of the discharge until he applied for American Legion membership.

4.  The applicant’s military records show that he was inducted into the Army on 23 October 1962.  

5.  On 6 December 1962, the applicant received a psychiatric evaluation and was diagnosed as having a passive aggressive reaction.  The condition was found to be not disabling and presented no disqualifying mental of physical defects sufficient to warrant discharge under Army Regulation 635-40.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.  It was felt that on the basis of his personality disorder and his poor performance on duty that he was unsuitable for further military service.

6.  On 21 December 1962, discharge proceedings under Army Regulation      635-209 for unsuitability were initiated.

7.  On 21 December 1962, the applicant was advised of the basis for the discharge.  He waived his right to appear before a board of officers and elected not to submit a statement in his own behalf.

8.  On 31 December 1962, the appropriate authority approved the recommendation and directed the applicant receive a general discharge.

9.  On 9 January 1963, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-209, unsuitability, character behavior disorder, with a general discharge.  He had completed 2 months and 17 days of creditable active service and had no lost time.

10.  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.

11.  Army Regulation 635-200, the current regulation which governs the separation of enlisted personnel, was revised on 1 December 1976 following settlement of a civil suit.  Thereafter, the type of discharge and the character of service were 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.

12.  Army Regulation 635-200 also states that unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status (the first 180 days of continuous active duty).

CONCLUSIONS:

1.  The applicant’s administrative separation on 9 January 1963 was accomplished in accordance with regulations then in effect.

2.  Under current standards, the Board concludes that the applicant would have received an uncharacterized reason for separation since he was in an entry-level status.  However, since he did receive a characterized reason for separation at the time he was discharged, it would be inequitable to now change it to uncharacterized.  The Board concludes that his overall service record, despite the short period of time served, and his diagnosed personality disorder warrant upgrading his discharge to fully honorable as directed by the above-referenced Army memoranda.

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 is separated from the service with an Honorable Discharge Certificate on 9 January 1963.

2.  That the Department issue to the applicant an Honorable Discharge Certificate from the Army of the United States, dated 9 January 1963, 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:  

__jph___  __eja___  __vbc___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			James P. Huber
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031120	
SUFFIX		
RECON		
DATE BOARDED	20000419	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19630109	
DISCHARGE AUTHORITY	AR 635-209  	
DISCHARGE REASON	A42.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.