| Mr. | Curtis W. Barbee Jr. | Chairperson | |
| Ms. | Karen L. Wolff | Member | |
| Mr. | Edward Williamson | Member |
| Mr. | Loren G. Harrell | Director | |
| Mr. | Joseph A. Adriance | Analyst |
2. The applicant requests in effect, that his general/under honorable conditions discharge (GD) be upgraded to an honorable discharge (HD).
3. The applicant states in effect, that he was young and ignorant of the effects of addiction and depression. The applicant further claims that he is now dying of AIDS and wants to leave a clean record for his children.
4. The applicant’s military records show that he enlisted in the Regular Army on 15 June 1972 at the age of 17. He successfully completed basic training at Fort Knox, Kentucky, and advanced individual training (AIT) at Fort Sill, Oklahoma. Upon completion of AIT he was awarded military occupational specialty (MOS) 13A (Canonneer) and assigned to overseas duty in Germany for his first permanent duty station.
5. On 6 August 1973 the applicant’s unit commander notified the applicant that he intended to initiate separation action, under the provisions of paragraph 13-5 b (2), AR 635-200 for unsuitability, based on the applicant’s character and behavior disorder.
6. On 7 August 1973 the applicant acknowledged that he had been notified by his commanding officer that his discharge was being recommended and completed his election of rights. On this document the applicant waived his right to the following: military counsel; a hearing before a board of officers; his right to a psychiatric examination; and he elected not to submit a statement in his own behalf.
7. On 21 August 1973 the appropriate authority approved the applicant’s discharge for unsuitability, under the provisions of paragraph 3b, (SPN 264-Character and Behavior Disorder) of AR 635-200, and directed he be issued a General Discharge Certificate. Accordingly, on 5 September 1973 the applicant was discharged after completing 1 year, 2 months, and 21 days of active military service.
8. Department of the Army message # 302221Z, March 1976 changed “character and behavior disorder” to “personality disorder”.
9. AR 635-200, currently in effect, sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-13 provides, in pertinent part, when separation is because of a personality disorder, the service of a soldier separated per this paragraph will be characterized as honorable unless an entry level separation is required under chapter 3, section III. Characterization of service under honorable conditions may be awarded to a soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.
10. Department of Defense (DOD) Directive 1332.28, dated 11 August 1982, subject: Discharge Review Board Procedures and Standards, establishes uniform policies, procedures, and standards for the review of discharges or dismissals under Title 10, United States Code, section 1553, and applies to the Office of the Secretary of Defense and the Military Departments. Section 4 of that Directive sets forth the objectives for discharge review. It provides that a discharge shall be deemed proper unless it is determined that a change in policy by the military service of which the applicant was a member, made expressly retroactive to the type of discharge under consideration, requires a change in the discharge. Furthermore, a discharge shall be deemed to be equitable unless there is substantial doubt the applicant would have received the same discharge if relevant current policies and procedures had been available to the applicant at the time the discharge was considered, even though the discharge was determined to have been otherwise equitable and proper at the time of issuance.
CONCLUSIONS:
1. The applicant’s record of service does not meet the criteria for an under honorable conditions discharge by current Army regulations.
2. Had the ADRB reviewed the applicant’s discharge under DOD Directive 1332.28, it is reasonable to presume that his discharge would have been upgraded based on the application of the current regulation for discharges because of a personality disorder.
3. Although DOD Directive 1332.28 provides policy for review of discharges for Discharge Review Boards, it appears appropriate that this Board adopt and apply the standards set forth in this Directive for this particular case.
4. Accordingly, in view of the current standards for discharges issued because of a personality disorder, a discharge under honorable conditions was unduly harsh and unjust. It would now be appropriate to correct the inequity and issue the applicant an Honorable Discharge.
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 from the service with an Honorable Discharge Certificate on 5 September 1973.
2. That the Department of the Army issue to the individual concerned an Honorable Discharge Certificate from the Army of the United States, dated
5 September 1973, in lieu of the discharge under honorable conditions 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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