MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 30 August 2001
         DOCKET NUMBER: AR2001057542

         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
Ms. Deyon D. Battle		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr.		Chairperson
Mr. Christopher J. Prosser		Member
Ms. Linda D. Simmons		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)

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APPLICANT REQUESTS: That his general discharge be upgraded to an honorable discharge.

APPLICANT STATES: That he was young, immature and had family and personal problems when he was in the Army. He states that he had compelling circumstances surrounding his periods of absences without leave (AWOL). He goes on to state that the military psychiatric evaluation that he underwent indicates that he had a passive-aggressive personality disorder, chronic, severe, with marked impairment. He states that he told the psychiatrist that he was having alcohol and family problems because his mother was very ill and the psychiatrist failed to include it in his evaluation. He further states that he has been suffering from post traumatic stress disorder since 1969. He concludes by stating that his first 2½ years of service was excellent until he had a family crisis and that he was never a threat to anyone while he was in the Army. In support of his appeal, he submits a copy of a performance rating for the period covering 1 July 1994 to 30 June 1995; a copy of his Army Mental Hygiene Evaluation dated 11 March 1970; a copy of a medical report dated 26 January 1989; a copy of a medical record consultation sheet dated 9 February 1987, which indicates that he was admitted to the hospital for alcohol abuse; and statements from three of his associates attesting to his good character.

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

On 6 January 1966, he enlisted in the Army at age 18 for 4 years in the pay grade of E-1. He successfully completed his training as a missile crewman.

After he completed 2 years, 4 months and 25 days of total active service, he was honorably discharged on 30 May 1968, for the purpose of immediate reenlistment. His conduct and efficiency ratings were good and excellent at the time of his discharge. Accordingly on 31 May 1968, he reenlisted in the Army 31 May 1968.

On 30 June 1969, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 15 July 1968 until 11 June 1969. His sentence consisted of confinement at hard labor for 4 months, a reduction in pay grade and a forfeiture of pay.

On 24 February 1970, the applicant was notified that charges were pending against him for being AWOL from 12 September 1969 until 12 February 1970. He acknowledged receipt of the notification and on 12 March 1970 and, after consulting with counsel, he submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial.


On 11 March 1970, the applicant underwent a mental hygiene evaluation. During the evaluation the applicant told the psychiatrist that he was a heavy drinker and that he was adamant about not accepting rehabilitation or returning to duty. He was diagnosed as having a passive aggressive personality, chronic, severe, marked impairment for further military duty. The psychiatrist stated that the applicant’s diagnosis came under the category of character, behavior and personality disorders and that the disposition was effected through administrative channels. The psychiatrist further indicated that he had no mental disease or condition sufficient to warrant disposition through medical or psychiatric channels and that his condition was due to deficiencies in emotional personality and characterological development of such a degree as to render him more a liability than an asset for further military service. The psychiatrist determined that he was mentally responsible, both to distinguish right from wrong and to adhere to the right and that he had the mental capacity to understand and participate in board proceedings. The psychiatrist cleared the applicant for any administrative action or disposition as deemed appropriate by his command.

The appropriate authority approved the request for discharge on 9 April 1970. Accordingly, on 20 April 1970, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10 for the good of the service in lieu of trial by court-martial. He had completed 2 years, 6 months and 25 days of total active service and he had 553 days of lost time due to AWOL and confinement. He was furnished an Undesirable Discharge Certificate.

On 5 October 1977, the Army Discharge Review Board upgraded the applicant’s undesirable discharge to a general.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

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's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2. The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief. The Board notes that the applicant was 20 years of age at the time of his first AWOL.

3. The Board has noted the applicant’s contentions. However, the evidence of record fails to show that he ever sought help for his alcohol or family problems that he may have been experiencing and he had no desire to remain in the Army. Although he was diagnosed as having a passive aggressive personality, he was able to distinguish right from wrong and to adhere to the right.

4. The applicant's request for a chapter 10 discharge, even after appropriate and proper consultation with a military lawyer, tends to show that he wished to avoid the court-martial and the punitive discharge that he might have received.

5. The Army Discharge Review Board’s upgrade of his undesirable discharge to a general discharge appears to have been appropriate as his overall character of service was not fully honorable.

6. 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

___lds___ __rvo____ ___cp___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001057542
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2001/08/30
TYPE OF DISCHARGE	GD
DATE OF DISCHARGE	1970/04/20
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	689
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 708	144.7100
2.
3.
4.
5.
6.