MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 March 2002
	DOCKET NUMBER:  AR2001064770

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. George Paxson		Chairperson	
	Ms. Deborah Jacobs		Member	
	Mr. Ronald E. Blakely		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 discharge be changed to a medical discharge.

APPLICANT STATES:  That he received an honorable discharge for a personality disorder when in fact he has been diagnosed with a panic disorder, agoraphobia, a medical condition which began while he was serving in the Army.

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

That he enlisted in the Regular Army on 27 September 1966, for a three year term of service.  He completed basic training and advanced individual training as a dental specialist.  On 6 April 1967, he was assigned to the U. S. Army Dental Service Unit, Fort Dix, New Jersey.

On 6 May 1967, the applicant voluntarily admitted homosexual activity to his commander.  On 15 May 1967, the applicant made a sworn statement to the Criminal Investigation Division investigator to the effect that he had been involved in homosexual relations between June 1965 and September 1966.  He stated to the investigator that he told this to his commanding officer in “an attempt to gain release from the military service.”  He did state that he did not have homosexual relations with anyone in the military service.  On 19 May 1967, the applicant was evaluated by a Medical Corps psychiatrist.  He was diagnosed with a schizoid personality disorder manifested by sexual ambivalence and homosexual traits.  The psychiatrist reported that he found no mental disease or defect sufficient to warrant disposition of the applicant through medical channels for possible disability separation.  The psychiatrist recommended administrative separation under Army Regulation (AR) 635-212 (Discharge for Unfitness and Unsuitability). The applicant was also examined by a Medical Corps doctor who determined that he did not have any unfitting condition that warranted disposition through medial channels for possible disability separation.

On 29 May 1967, the applicant’s commander notified him that he was being recommended for separation because of his alleged homosexuality.  By his own signature and the witness of a legal officer, the applicant was advised of his rights, waived his right to consideration by a board of officers or appearance before such, waived representation by counsel, and did not submit a statement on his own behalf.  On 7 June 1967, the commander approved a general discharge under paragraph 6b(6), AR 635-212, for unsuitability, homosexual tendencies, separation program number 362.  He was so discharged on 27 June 1967, as a private, pay grade E-2, with 9 months and 1 day active service.

It is noted that the applicant has legally changed his name since discharge from the service.  However, service records are historical documents on which names are not subject to change after departure from the service by post service name changes.
Army Regulation 40-501 states, in pertinent part, that personality disorders may render an individual administratively unfit for continued service which should be dealt with administratively, such as through administrative separation, but that personality disorders are not physically unfitting requiring consideration for disability separation.

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.  The applicant made a sworn statement that he had provided information on his pre-service homosexual activities to get out of the service.  He was counseled about his rights which he waived.  He was given physical and psychiatric evaluations that determined that he did not have any unfitting condition that required disability separation.  He was properly discharged for unsuitability, homosexual tendencies, with a general discharge.

2.  There is no record of panic disorder, agoraphobia, while in the service.

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

__gp___  ___dj___  ___rb_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064770	
SUFFIX		
RECON		
DATE BOARDED	20020326	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19670607	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	Unsuitability, homosexual tendencies	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02 – Reason and Authority	
2.		
3.		
4.		
5.		
6.