MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             31 May 2000                  
	DOCKET NUMBER:    AR1999031192

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. John P. Infante		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:  That his general discharge be corrected to a medical discharge or retirement.

APPLICANT STATES:  The applicant’s only statement to the Board is that he has attached a statement to his application.  However, no attachment was received by the Board.

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

He enlisted in the Regular Army for 2 years on 11 December 1967, was awarded the military occupational specialty of light weapons infantryman, was promoted to pay grade E-3, served in Korea, and was honorably released from active duty at the expiration of his term of service on 10 December 1969.

He reenlisted for a bonus on 9 January 1970.  On 27 April 1970 his commander recommended that he be discharged due to unsuitability based on repeated court-martial offenses which include breaking restriction, failing to go at the time prescribed to his appointed place of duty on three occasions, being AWOL on two occasions, and disobeying a lawful order.  Also cited as reasons for his recommendation was habitual shirking of his duties, an overall disregard for military authority, and not responding to rehabilitative efforts or counseling.

In conjunction with the commander’s recommendation, the applicant was given a mental status evaluation.  In that evaluation the applicant admitted to quitting school in the 7th grade because he didn’t like the students, being sent to reform school due to truancy, and being committed to a mental institution for 2 months at age 15 (no reason is given for the commitment).  The applicant told the psychiatrist that he would hurt someone if he remained in the Army.  The psychiatrist diagnosed the applicant as having a chronic, severe, preexisting schizoid personality, but stated the condition was not medically disqualifying for retention.  The psychiatrist recommended that the applicant be discharged for unsuitability.

The applicant waived all of his rights in conjunction with his commander’s recommendation and was issued a General Discharge Certificate on 3 May 1970 for Unsuitability, Character and Behavior Disorders.

Army Regulation 635-40 provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to a medical evaluation board.  Those members who do not meet medical retention standards will be referred to a physical evaluation board for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition.  For example, a noncommissioned officer who receives above average evaluation reports and passes Army Physical Fitness Tests (which have been modified to comply with the individual’s physical profile limitations) after the individual was diagnosed as having the medical disqualification would probably be found to be fit for duty.  The fact that the individual has a medically disqualifying condition does not mandate the person’s separation from the service.  Fitness for duty, within the parameters of the individual’s grade and military specialty, is the determining factor in regards to separation.  If the PEB determines that an individual is physically unfit, it recommends the percentage of disability to be awarded which, in turn, determines whether an individual will be discharged with severance pay or retired.  Paragraph 4-19b states that a PEB may decide that a soldier’s physical defect was EPTS, but must then determine whether the condition was aggravated by military service.  If the PEB determines that a soldier has an unfitting EPTS condition which was service aggravated, the PEB must determine the degree of disability that is in excess of the degree existing at the time of entrance into the service.  The method of determining the percentage of disability to be awarded in such cases is outlined in appendix B, item B-10 of this regulation.  

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

Title 10, United States Code, section 1203, provides for the physical disability separation with severance pay of a member who has less than 20 years service and a disability rated at less than 30 percent.

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.  While the applicant was diagnosed as having a schizoid personality, that condition was not of the severity to be medically disqualifying.  As such, he could not have been considered for a medical separation.

2.  Even if he had a medically disqualifying condition, the psychiatrist determined that his schizoid personality preexisted his entry into the military, as evidenced by his psychiatric hospitalization when he was age 15.  He would not have been eligible for a medical separation due to the preexisting nature of his condition.

3.  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

___jev  __  ___sk___  ____jpi __  DENY APPLICATION

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

INDEX

CASE ID	AR1999031192	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000531	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.05	
2.		
3.		
4.		
5.		
6.