PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  29 April 1999                          
	DOCKET NUMBER:   AR199019100

	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. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms.		Chairperson	
	Mr. 		Member	
	Mr. 		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 undesirable discharge (UD) be upgraded to an honorable discharge (HD). 

3.  The applicant states, in effect that shortly after he enlisted in the military his father passed away.  At the time his mother was in poor health and needed him at home to help manage the family business.  He applied for a hardship discharge, but it was denied.  He admits that he made some mistakes and he messed up his life, but he has managed to put it all behind him and become a productive citizen.  He is asking that the Board upgrade his discharge so that the burden of a bad discharge can be lifted from his shoulders.  He has submitted in support of his request a letter written in his own behalf, a letter from a pastor of a local church, three letters from acquaintances, a copy of a letter addressed to his congressman (dated 10 September 1960), the death certificate of his father, and a Pennsylvania State Police Criminal Records Check. 

4.  The applicant's military records show that on 16 February 1960 he enlisted in the Regular Army for 3 years and training in military occupational specialty (MOS) 763 (Ordnance Supply Support).  The highest grade he achieved was pay grade E-3.

5.  Evidence of record indicates the applicant applied for a hardship discharge in 1960 after his father died.  The application stated that the applicant's mother was in very poor health, the family business was heavily in debt and he was needed at home to operate the business.  The applicant was interviewed by his chain of command, but his request was not favorably considered due to some discrepancies and lack of cooperation by the applicant.  Approval authorities further concluded that adequate help could have been employed to help operate the business or the applicant's brother or sister, who resided in the same local area, could have helped operate the business until the applicant completed his enlistment obligation.

6.  On 24 October 1961, the applicant underwent a mental status evaluation by professionally trained personnel.  The evaluation showed that the applicant had been assigned to Germany only for 1 month.  Prior to this he had been stationed less than two hours driving time away from home.  He was the youngest of three children, and he had a very close relationship with his mother.  He was diagnosed to be suffering from passive-dependency reaction, which was chronic to moderate, and he was emotionally immature.  His difficulties were diagnosed not to be amenable to rehabilitation and it was recommended that he be separated from the service.  He had the mental capacity to participate in Board proceedings.  Prior to this evaluation, the applicant had been evaluated by the mental health clinic for threatening to jump out of a fourth floor window, but the medical documents pertaining to that incident are not contained in the record.

7.  On 27 October 1961, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, was imposed for a 1-day period of AWOL (18 October 1961).  His punishment included reduction from pay grade E-3 to pay grade E-2.  

8.  On 31 October 1961, he was convicted by summary court-martial of disobeying a lawful order from a noncommissioned officer.  On 15 November 1961, he was convicted by a second summary court-martial for disobeying a lawful order from a commissioned officer.  He was sentenced to reduction from pay grade E-2 to pay grade E-1, and confinement at hard labor and forfeiture of pay for both offenses.

9.  At some date in early November 1961, the applicant's unit commander notified him that he was initiating action to separate him prior to the expiration of his term of service under the provisions of Army Regulation 635-208, for unfitness.  The notification letter is not a matter of record.

10.  On 15 November 1961, the applicant authenticated a statement with his signature in which he waived further representation by legal counsel and the right to have his case heard by a board of officers.  He acknowledged he understood the ramifications of a UD and he declined to submit a statement in his own behalf.

11.  On 21 November 1961, the intermediate commander recommended separation with a UD.  On 5 December 1961, the separation authority approved the recommendation for discharge and directed the issuance of a UD.  On 
21 December 1961, the applicant was separated with a UD under the provisions of Army Regulation 635-208, for frequent involvement in incidents of a discreditable nature with civilian or military authorities.  He had completed a total of 1 year, 9 months and 11 days of active military service and he had 24 days lost time due to being in confinement and 1 day lost time due to being AWOL.

12.  The applicant made application to the Army Discharge Review Board regarding the period of enlistment under review in March 1998, well past that Board’s 15-year statute of limitation.

13.  Army Regulation 635-208, in effect, at the time, set forth the basic authority for the elimination of enlisted personnel.  Paragraph 3 of this regulation provided, in pertinent part, for the separation of individuals determined to be unfit for further service by reason of frequent involvement in incidents of a discreditable nature with civilian or military authorities.  Under this regulation and paragraph a UD was considered appropriate.

CONCLUSIONS:

1.  The applicant's separation under the provisions of Army Regulation 63-208 on 21 December 1961, by reason of unfitness, was administratively correct and in conformance with the applicable regulations then in effect.

2.  In November 1961, the applicant underwent a mental evaluation that revealed he was emotionally immature and that he suffered from passive-dependency reaction with a need to be near his mother.  These factors coupled with the anxiety and stress of his father's death, and the concern over the family business affected his attitude and judgment.  

3.  His conduct and performance were inconsistent with the Army's standards for acceptable personal conduct, and his indisciplines and the overall quality of his service do not warrant a fully honorable discharge.  However, the UD is considered too harsh given the nature of the circumstances in his case.  It would, therefore be more appropriate to issue the applicant a General Discharge Certificate.

4.  In view of the foregoing, the applicant's records should be corrected, but only as recommended below.

RECOMMENDATION:

1.	That all of the Department of the Army records related to this case be
corrected:

a.  by showing that the UD issued to the individual concerned on
21 December 1961, is void and of no force or effect; and 

	b.  by issuing to him a General Discharge Certificate from the United States Army, dated 21 December 1961, in lieu of the UD of the same date now held by him.

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

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC1999019100	
SUFFIX		
RECON		
DATE BOARDED	29 April 1999	
TYPE OF DISCHARGE	(UD)	
DATE OF DISCHARGE	19611221	
DISCHARGE AUTHORITY	AR635-208 	
DISCHARGE REASON	Unfitness, frequent incidents of a discreditable nature with civil or military authorities	
BOARD DECISION	(GD)	
REVIEW AUTHORITY		
ISSUES         1.	His father died, and his mother was in poor health and needed him at home to help manage the family business.	
2.		
3.		
4.		
5.		
6.