MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 05 FEBRUARY 2002
         DOCKET NUMBER: AR2001061990

         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Ms. June Hajjar		Chairperson
Ms. Karol A. Kennedy		Member
Mr. Roger W. Able		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)

---

APPLICANT REQUESTS: That his bad conduct discharge be upgraded to either a general or honorable discharge.

APPLICANT STATES: In effect, that he was recently diagnosed as "having bi-polar and dissociative disorder." He states that according to officials at the Jackson Veterans Center he "should have never been allowed to join the Army in 1981." Although he indicates in his application that he submitted a copy of his DD Form 214 (Certificate of Release or Discharge from Active duty), a court transcript and copies of arrest records, in support of his request, none of those documents were received by the Board. Copies of medical treatment records from several civilian health care facilities, which treated the applicant in 1977, were included with his application.

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

In the fall of his senior year of high school the applicant enlisted in the USAR (United States Army Reserve) under the DEP (Delayed Entry/Enlistment Program). Upon graduation from high school he enlisted in the Regular Army for a period of 2 years. On his Report of Medical History, part of his enlistment physical, he indicated his health was good and that he had not suffered from any medical ailments, including epilepsy, fits, frequent trouble sleeping, depression or excessive worry, loss of memory or amnesia, nervous trouble of any sort, or periods of unconsciousness. He did note that he was hospitalized at age 12 for observation after falling out of a tree. The evaluating physician found him medically qualified for enlistment.

The applicant successfully completed basic and advanced individual training as an automatic data telecommunications center operator. In December 1983 he was discharged for the purpose of immediate reenlistment. His commander noted, as part of his reenlistment package, that the applicant was "an outstanding soldier" who "consistently seeks help to develop his knowledge and skill…." By February 1984 he had been promoted to pay grade E-4.

In May 1984 the applicant underwent a periodic physical examination. He did indicate on the 1984 Report of Medical History that he had suffered from frequent trouble sleeping, depression or excessive worry, and nervous trouble. He also noted that he had been hospitalized for emotional problems at age 15. The evaluating physician found him medically qualified for continued service and noted "no significant medical problems."

In March 1985 he successfully completed the Primary Leadership Development Course and in May 1985 he was awarded an Army Good Conduct Medal.

On 27 March 1986, while assigned to Arlington Hall Station in Arlington, Virginia, the applicant was convicted by a general court-martial, in consonance with his plea, of two counts of wrongful distribution of marijuana and of being AWOL (absent without leave) between 2 and 7 January 1986. His sentence included a bad conduct discharge, confinement at hard labor for 18 months, forfeiture of all pay and allowances, and reduction to pay grade E-1. The sentence was approved and on 31 December 1987 the discharge was executed.

Prior to his discharge the applicant did undergo a physical and mental status evaluation. The mental status evaluation noted the applicant was fully alert, that his thought process was clear and normal, and that he was mentally responsible. Although the applicant did note on his Report of Medical History that he had suffered from epilepsy or fits, depression or excessive worry, and had been treated for mental/emotional problems in his youth, the evaluating physician found him medically qualified for separation.

The civilian medical treatment records, provided by the applicant in support of his application, indicate that he was hospitalized on three occasions between May and June 1977 for what was described as "hysterical neurosis" and "conversional hysteria" following what was described as fainting or seizure spells. Evaluating physicians at the time essentially attributed his condition to his school and peer situation. Laboratory, X-ray, and EEGs were all normal. There is no evidence of similar episodes following his 1977 hospitalization and his available service medical records indicate no such problems during his years of military service.

In a 1998 letter to officials in St. Louis, in which the applicant requested a copy of his DD Form 214, he indicated that he was "charged, tried, and convicted of distributing drugs." He noted that he "knew what [he did],” and just did not "know the seriousness of what [he] was doing until it was too late."

Army Regulation 635-200 states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.

The Table of Maximum Punishment indicates that the maximum punishment for his offenses was a Dishonorable Discharge, 10 years and 6 months confinement, and total forfeiture, assuming the distributions of marijuana were each less than 30 grams.

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. Although the applicant may have been hospitalized for emotional problems as a teenager, there is no indication that those problems prevented him from completing his enlistment contract or contributed to the behavior that resulted in his court-martial conviction. The Board notes that in spite of the emotional problems he experienced while an adolescent, he successfully completed training, was promoted to pay grade E-4, recognized by his commander as an outstanding soldier, and awarded the Army Good Conduct Medal. There is no evidence, and the applicant has not provided any, that his conduct, which resulted in his court-martial conviction, was somehow justified because of his earlier emotional problems.

2. 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 that requirement.

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

__JH____ __KAK__ __RWA__ DENY APPLICATION

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

---

INDEX

CASE ID	AR2001061990
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020205
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.