| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. Hubert O. Fry | Member | |
| Mr. Eric N. Anderson | Member |
APPLICANT REQUESTS: That his discharge be upgraded.
APPLICANT STATES: That in all fairness he should have received a medical discharge instead of an other than honorable discharge. He had a nervous breakdown when he was 18 years old. He never lied about the pains in his stomach or his heart. His medical records showed that he was diagnosed with a constitutional psychopathic state, emotional instability; constitutional psychopathic state, inadequate personality, emotional instability; anxiety state; or severe nervous gastric disorder. He was absent without leave (AWOL) for 2 months and served 4 months and 5 days in confinement but his records show that he had a problem in the beginning. He provides extracts of portions of his service medical records and ten character witness letters as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information contained herein was obtained from alternate sources.
The applicant entered active service on 26 September 1942.
The provided extracts of his service medical records show that the applicant was diagnosed with a constitutional psychopathc state and emotional instability on 9 October 1944 and with a constitutional psychopathic state, an inadequate personality, and emotional instability on 5 April 1945. Also on 5 April 1945, he was treated for gastric nervousness, severe psychoneurosis.
The applicant was discharged on 26 June 1945 with an other than honorable discharge. The authority for his discharge is unknown.
On an unknown date but prior to 19 January 1960, the Army Discharge Review Board denied an application to change the character of the applicant’s discharge. That action is not available.
Prior to 1 October 1949, on which date the Career Compensation Act of 1949, Public Law 351, 81st Congress, became effective, there were no provisions of law whereby an enlisted person with less than 20 years service could be retired from the Army for physical disability. Under then existing law, compensation and pension for service connected disabilities were under the jurisdiction of the Veterans Administration.
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 this requirement and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.
2. The applicant’s records are not available. However, the Board notes that at no time was he determined by competent medical personnel to be unable to distinguish right from wrong and to adhere to the right. The Board presumes that the type of discharge given was appropriate given his mental health and the seriousness of his misconduct. In addition, prior to 1 October 1949 a “medical” discharge did not exist for enlisted personnel with less than 20 years of service.
3. 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
__rvo___ __hof___ __ena___ DENY APPLICATION
| CASE ID | AR2001058935 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010726 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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