PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            26 April 2000                  
	DOCKET NUMBER:   AR1999033393

	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.  

	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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 fully honorable.

3.  The applicant states that he was young and unaware of the consequences of accepting his discharge.  Also, he was told that he would receive an “Honorable Discharge Under Honorable Conditions” and that he could reenlist 2 years after his discharge.  He also contends that he did not have any type of mental defect or personality disorder, that he was not suicidal, that he was innocent of any wrongdoing in the incident which led to his counseling for disrespect to a superior noncommissioned officer, and that he had only made a simple mistake when he “accidentally” walked out of the Post Exchange with merchandise for which he had not paid.  He explains that he was in love with a woman who was pregnant with his child and was afraid that he would lose her.

4.  The applicant’s military records show that he enlisted in the Regular Army on 19 October 1982, was awarded the military occupational specialty of petroleum supply specialist, and was promoted to pay grade E-3.

5.  On 27 May 1983 the applicant accepted nonjudicial punishment for stealing two “D” cell batteries from the Post Exchange.

6.  On 18 August 1983 the applicant was counseled for being disrespectful and insubordinate to a superior noncommissioned officer.

7.  On 24 October 1983 the applicant’s commander notified him he was recommending that he be separated prior to the expiration of his term of service due to personality disorder and advised him of his rights in conjunction with that recommendation.  The commander’s stated reasons for that recommendation was his counseling for recent verbal suicidal attempts, uncontrolled stress, insubordination, and a pattern of behavior which so negatively affected his duty performance as to require his reassignment.

8.  In the commander’s notification to the applicant he was told that if the recommendation was approved, he would receive an Honorable or Entry Level Discharge Certificate.  The applicant contends he was told that “I will not be permitted to apply for reenlistment in the United States Army within two (2) years from date of separation.”

9.  The applicant consulted with counsel and waived all of his rights in conjunction with his commander’s recommendation.

10.  Thereafter, the applicant’s commander forwarded his recommendation to discharge the applicant.  In that correspondence the applicant’s commander stated that the applicant had had a mental status evaluation which showed that he had a personality disorder (this consult would be included in the applicant’s health records which were not provided to the Board). 
11.  On 5 January 1984 the applicant was issued a General Discharge Certificate for Personality Disorder.

12.  Army Regulation 635-200, paragraph 5-13, provides for the discharge of soldiers who have personality disorders as diagnosed by a physician trained in psychiatry.  Soldiers separated for personality disorder will have their service characterized as honorable unless an entry level separation is required.  A characterization of service of under honorable conditions (General Discharge Certificate) may only be issued to soldiers who have been convicted of an offense by general court-martial or who have been convicted by more than one special court-martial.  Chapter 2, Section II of this regulation requires that a soldier be notified of the least favorable characterization of service he or she could receive.

CONCLUSIONS:

1.  The applicant did not dispute any of the allegations made by his commander when his commander notified him that he was going to recommend that he be separated due to personality disorder.  Certainly that would have been the time to contest those allegations, not 15 years after the fact.  As such, the Board must accept the allegations made against the applicant as valid.

2.  As for the applicant’s contention that he was told he could reenlist two years after his discharge, there is no evidence to substantiate that allegation.  He was told, in writing, that he could not apply for reenlistment for 2 years after his separation.  That was a true statement.  However, it did not imply that he would be accepted for reenlistment after two years.  The needs of the Army fluctuate and a disqualification that may not be considered for a waiver one year may very well be waived the following year.

3.  However, the applicant was not convicted by any court-martial and was notified that the least favorable discharge he could receive would be an honorable discharge.  As such, he was improperly issued a General Discharge Certificate.

4.  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 by showing the individual concerned was issued an Honorable Discharge Certificate, in lieu of the General Discharge Certificate he currently holds, for the period of service ending on 5 January 1984.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_sk_____  _kak____  _clg_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Stanley Kelley________
		        CHAIRPERSON

INDEX

CASE ID	AR1999033393	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990692	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	A42.00	
2.	A01.54	
3.		
4.		
5.		
6.