Mr. Loren G. Harrell | Director | |
Mr. Gerald E. Vandenberg | Analyst |
Ms. June Hajjar | Chairperson | |
Mr. Robert W. Garrett | Member | |
Ms. Deborah S. Jacobs | Member |
APPLICANT REQUESTS: Reconsideration of his previous application to correct his records by upgrading his discharge to under general conditions.
APPLICANT STATES: In effect, that he had a nervous breakdown in January of 1967 which he avers affected his ability to perform his duties. He states that he has suffered for thirty years as a result of his bad discharge and warrants a favorable consideration.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 15 April 1998 .
The applicant’s request contains the new issue of a mental impairment for consideration as a mitigating factor of his misconduct. He submits no additional evidence or explanation for this consideration.
On 7 December 1967 the applicant was afforded a psychiatric evaluation which diagnosed him as having emotional instability, chronic, moderate, manifested by excitability and ineffectiveness in the face of minor stress It was determined that the condition existed prior to service (EPTS) and there was no indication of service aggravation. The psychiatrist opined that the applicant was not a viable candidate for rehabilitation. He recommended administrative separation under Army Regulation 635-212, unfitness.
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 has provided no evidence that he suffered a nervous breakdown in January of 1967. The medical records and psychiatric evaluation undertaken at the time of his release from service denote a long standing character and behavior disorder as the applicant’s underlying problem.
2. In the absence of evidence that, at the time of his repeated periods of AWOL, he was so impaired as to be unable to tell right from wrong or to adhere to the right, his contention of a nervous breakdown is not substantiated and does not mitigate the repeated AWOL. His service was appropriately characterized.
3. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.
4. 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
__JH____ ___RWG_ ___DSJ__ DENY APPLICATION
Loren G. Harrell
Director
CASE ID | AC97-07261A AR1998013770 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 19990120 |
TYPE OF DISCHARGE | UOTHC |
DATE OF DISCHARGE | 19680212 |
DISCHARGE AUTHORITY | AR 635-212 |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 123.01 |
2. | 123.02 |
3. | |
4. | |
5. | |
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