PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 October 2001
	DOCKET NUMBER:   AR2001059738

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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, in effect, that item 10c (date inducted) of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) be corrected and that his general, under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD). 

3.  The applicant states, in effect, that item 10c (date inducted) of his DD Form 214 should read 24 September 1969 as opposed to 24 September 1970 as it currently does.  In addition, he requests that his discharge be upgraded to an 
HD based on current standards.

4.  The applicant’s counsel concurs in the applicant's request that the date inducted listed in his DD Form 214 be corrected as requested by the applicant and requests that consideration be given to upgrade the applicant’s discharge because an HD would be appropriate under current regulatory standards. 

5.  The applicant’s military records show that he was inducted into the Army on 
24 September 1969.  He successfully completed training and was awarded military occupational specialty (MOS) 13A (Field Artilleryman).  His record further indicates that the highest rank he attained while serving on active duty was private first class/E-3.

6.  The only disciplinary history recorded in the applicant’s service record consists of only one nonjudicial punishment (NJP) action.  He accepted this NJP for using disrespectful language towards a noncommissioned officer on 31 July 1970 and his punishment included a reduction to private/E-2.  

7.  On 24 July 1970, the applicant was referred to mental hygiene services by his commander.  He underwent a metal status evaluation that resulted in the examining Psychiatrist diagnosing him as having a schizoid personality which represented a character and behavior disorder.  The Psychiatrist further recommended that the applicant be administratively separated from the Army under the provisions of Army Regulation 635-212. 

8.  On 30 July 1970, the applicant was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-212 based on his character and behavior disorder and that a GD was being recommended.  The applicant acknowledged receipt of the separation action and completed his election of rights by waiving his right to personal appearance and consideration of his case by a board of officers and to military counsel.  He also elected not to submit a statement in his own behalf.

9.  On 9 September 1970, the appropriate authority approved the separation action and directed the applicant receive a GD based on character and behavior disorder.  On 12 September 1970, the applicant was discharged accordingly after completing a total of 11 months and 19 days of active military service.  
10.  Item 10c (date inducted) of the DD Form 214 issued to the applicant on the date of his separation contained the incorrect date entry of 24 September 1970.  On 30 June 1972, a correction to the applicant’s DD Form 214 (DD Form 215) which changed item 10c to read the correct date of 24 September 1969 was published and issued to the applicant.

11.  Army Regulation 635-212, in effect at the time, provided the policy and procedure of the separation of enlisted personnel for unsuitability or unfitness.  Paragraph 6b(2) provided the policy for separating members by reason of a character and behavior disorder.  At the time, a GD was authorized to be issued to members separating for this reason.  

12.  Army Regulation 635-200, paragraph 5-13, provides the current regulatory policy and procedure for separating enlisted members by reason of a personality disorder.  It further mandates that members separating under this provision of the regulation receive an HD.  

13.  Army Regulation 635-200 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 a personality disorder required a diagnosis made by a physician trained in psychiatry.  In connection with these changes, a Department of the Army Memorandum, dated 14 January 1977, better known as the Brotzman Memorandum, was promulgated.  It required retroactive application of the revised policies, attitudes and changes in reviewing applications for upgrade of discharges based on personality disorders.  

14.  A second memorandum, dated 8 February 1978, 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.  Conviction by a 
general court-martial or by more than one special court-martial was determined to be clear and demonstrable reasons which would justify a less than fully honorable discharge.

CONCLUSIONS:

1.  The record shows a DD Form 215 was issued to the applicant on 30 June 1970 that corrected the date entry contained in item 10c of his original DD Form 214 to read 24 September 1970 in lieu of the incorrect date of 24 September 1969.  Therefore, the Board concludes no further action is necessary in regard to this issue. 

2.  The applicant’s separation was accomplished in compliance with applicable regulations in effect at the time.  However, policy revisions implemented by the Army in 1977 and 1978 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 it should not be appropriate.  A conviction by a general court-martial or by more than one special court-martial was the standard established for showing these clear and demonstrable reasons that would justify a less than HD.  Further, retroactive application of this policy was directed when reviewing applications for upgrade of discharges based on personality disorders.

3.  The evidence of record in this case confirms that the clear and demonstrable reasons required to support a GD are not present in the applicant’s case.  In view of this fact and given he was separated by reason of a character and behavior disorder, the Board finds the GD he received is inequitable under current regulatory standards.  Further, the Board concludes his discharge should be upgraded to an HD based on the current policy for members separated by reason of a personality disorder. 

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 that the individual concerned was separated with an honorable discharge on 12 September 1970, in lieu of the current general, under honorable conditions discharge of the same date he now holds; and by providing him a corrected separation document that reflects this change. 

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

BOARD VOTE:  

__RJW__  __KAN__  __REB __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Raymond J. Wagner__
						     CHAIRPERSON

INDEX

CASE ID	AR2001059738	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/10/25	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19700912	
DISCHARGE AUTHORITY	AR635-212 . . . . .  	
DISCHARGE REASON	Character and Behavior Disorder 	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	66.05	
2.		
3.		
4.		
5.		
6.