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Decision Text

ARMY | BCMR | CY1997 | 9705442
Original file (9705442.rtf) Auto-classification: Denied
2. The applicant requests that his general discharge be upgraded to an honorable discharge.
3. The applicant’s military records show that he was born on 6 May 1947. He completed 11 years of formal education. He was inducted into the Army on 18 October 1966 for 2 years. He completed basic combat training and Advanced Individual Training and was awarded Military Occupational Specialty 76A (Supply Clerk).

4. On 21 September 1967, the applicant was referred to the psychiatric clinic for evaluation. After being evaluated on both an out-patient and in-patient basis, the attending psychiatrist concluded that…“the applicant presents a history of impulsive-aggressive outbursts,…frequently involving him in open conflict with others, particularly superiors. …

Considerable preoccupation with aggressive fantasies…. Symptoms can be expected to return and continue throughout his military tour….” The applicant was found mentally responsible, able to distinguish right from wrong and to adhere to the right and had the mental capacity to understand and participate in board proceedings.

5. On 17 October 1967, the company commander initiated separation action under AR 635-212 for unsuitability. The applicant had no previous record of any disciplinary action taken. The applicant was advised of his rights by counsel on 19 October 1967. He waived his right to consideration of his case by a board of officers; waived personal appearance before a board; elected not to make a statement on his behalf; and waived representation by counsel.

6. The applicant received a separation physical on 3 November 1967 and was found qualified for separation.

7. On 31 October 1967, the appropriate authority approved the request and directed issuance of an General Discharge Certificate.

8. Accordingly, he was discharged under honorable conditions, in the pay grade E-3, on 27 November 1967 under the provisions of AR 635-212, for unsuitability. He had completed 1 year, 1 month and 10 days of creditable active service with no lost time.

9. Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. The regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unsuitability.

10. Army Regulation 635-200, which superseded AR 635-212, 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 personality disorder must include a diagnosis of a personality disorder made by a physician trained in psychiatry. In connection with these changes, a Department of the Army Memorandum dated 14 January 1977, and better known as the Brotzman Memorandum, was promulgated. It required retroactive application of revised policies, attitudes and changes in reviewing applications for upgrade of discharges based on personality disorders. A second memorandum, dated 8 February 1978, and 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 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.

11. The applicant never applied to the Army Discharge Review Board for an upgrade of his discharge.

 CONCLUSIONS :

1. The applicant’s administrative separation on 27 November 1967 was accomplished in accordance with regulations then in effect.

2. However, it now appears the applicant’s overall service record and his diagnosed personality disorder warrant upgrading his discharge to fully honorable as directed by the above-referenced Army memorandums.

 RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is separated from the service with an Honorable Discharge Certificate on 27 November 1967.

2. That the Department issue to him an Honorable Discharge Certificate from the Army of the United States, dated 27 November 1967, in lieu of the general discharge of the same date now held by him.

 BOARD VOTE :
GRANT AS STATED IN RECOMMENDATION

 GRANT FORMAL HEARING

 DENY APPLICATION
                                                     CHAIRPERSON
                                                      

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