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Decision Text

ARMY | BCMR | CY1997 | 9711673
Original file (9711673.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his general discharge be changed to a medical discharge.
APPLICANT STATES : In effect, that he had medical problems during and after his departure from the military. He submits as evidence his VA claim, but no documentation is attached.

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

On 28 March 1972, he enlisted in the Regular Army. He completed basic training and advanced individual training and was awarded military occupational specialty 41J (Office Machine Repairman).

On 7 March 1974, the applicant received a counseling statement concerning his conduct. The statement noted his period of being absent without leave (AWOL), his driving a privately-owned vehicle without a license, and being absent from his duty section.

On 8 March 1974, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for being absent from his place of duty.

The applicant received a bar to reenlistment citing his Article 15, his complete lack of responsibility, several instances of AWOL from his unit and duty section, and the fact that he had been given different jobs within the unit to help make him an asset but with negative results.

On 7 August 1974, the applicant’s commander initiated separation proceedings under the provisions of Army Regulation 635-200, Chapter 13 for unsuitability, apathy.

On 7 August 1974, the applicant acknowledged that he was afforded the opportunity to consult with counsel. He waived appearance before a board of officers, personal appearance before such a board, representation by counsel and waived a psychiatric examination. He elected not to submit a statement in his own behalf.

On 29 August 1974, the appropriate authority approved the recommendation and directed that he be given a general discharge.

On 12 September 1974, he was discharged, in pay grade E-3, under the provisions of Army Regulation 635-200, Chapter 13 for unsuitability, apathy. He had completed 2 years, 4 months and 24 days of creditable active service and had 21 days of lost time.

Medical records are not available, but his DA Form 20, Personnel Qualification Record, shows his physical profile serial system as all “1s” (no profile/duty assignment limitations).

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. At the time, Chapter 13 contained the policy and outlined the procedures for separating an individual for unsuitability when it was clearly established that it was unlikely that he would develop sufficiently to participate in further military training and/or become a satisfactory soldier.

 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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2. The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. There is no evidence in the records and he has not supplied any to show he had medical problems that would have warranted medical processing. On the contrary, his DA Form 20 showed he had no physical profile limitations of any sort.

3. In view of the foregoing, there appears to be 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

 DENY APPLICATION



 Loren G. Harrell
 Director                                                    

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