| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his general discharge under honorable conditions be upgraded.
APPLICANT STATES: That shortly after he was discharged he was diagnosed as being a manic-depressive. That accounts for his actions in the Army. He should have received a mental health examination, medications, and counseling instead of just receiving a general discharge especially in light of the fact he completed his 2-year enlistment. He provides no supporting evidence but states he can send an affidavit from the Department of Veterans Affairs verifying his mental disability.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 26 February 1971. He completed basic training and advanced individual training and was awarded military occupational specialty 94B (Cook).
Between August 1971 and 17 July 1972, the applicant accepted nonjudicial punishment on five occasions – for being absent without leave (AWOL) from 28 July to on or about 14 August 1971; for failing to go to his appointed place of duty and breaking restriction; for assault; for disobeying a lawful order and failing to repair; and for being AWOL from 8 to on or about 14 July 1972, respectively.
In December 1971, the applicant was investigated for possession of an illegal substance (pills, some form of downers). In his subsequent statement he indicated that he bought and took the pills because he was depressed. He was evaluated by a psychiatrist at the Fort Knox Medical Department Activities on 13 December 1971. The psychiatrist noted that the applicant showed no sign of psychosis or difficulty with reality testing but could not say that his reality testing mechanism had been impaired at any other time.
The applicant was AWOL from 6 September to on or about 8 November 1972 but it does not appear he received disciplinary action for this AWOL.
On 14 December 1972, the applicant underwent a mental status evaluation. He was found to be mentally responsible, to be able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.
On 14 December 1972, the company commander recommended the applicant be separated under the provisions of Army Regulation 635-212 for unsuitability due to his inability to work constructively, immaturity, impulsivity, irresponsibility, uncooperativeness, and poor motivation.
On 15 December 1972, the applicant waived consideration of his case by a board of officers, waived personal appearance before a board, and waived representation by counsel. He elected not to submit a statement in his own behalf.
On 10 January 1973, the appropriate authority approved the recommendation and directed issuance of a General Discharge Certificate.
On 19 January 1973, the applicant was discharged with a general discharge under honorable conditions under the provisions of Army Regulation 635-212 for unsuitability. He had completed 1 year, 7 months, and 29 days of creditable active service and had 87 days of lost time.
On 26 May 1982, the Army Discharge Review Board (ADRB) denied the applicant’s request to upgrade his discharge.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. The regulation provided, in pertinent part, that members were subject to separation for unsuitability for inaptitude, character and behavior disorders, apathy (lack of appropriate interest), defective attitudes,
and inability to expend effort constructively, alcoholism, and enuresis. A general under honorable conditions characterization of service was normally appropriate.
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.
2. The applicant’s administrative separation was accomplished in compliance with regulations applicable at the time with no indication of procedural errors which would tend to jeopardize his rights.
3. The evidence of record shows that the applicant mentioned in late 1971 that he was depressed but a psychiatric evaluation at that time determined he was not psychotic and he had a grasp of reality. He received another mental status evaluation in late 1972 and it was determined that he was able to distinguish right from wrong and to adhere to the right. There is no evidence that his current diagnosis of manic-depression affects/affected his ability to be able to distinguish right from wrong.
4. The applicant did not complete his 2-year enlistment. As a result of his three periods of AWOL, he completed just less than 1 year and 8 months of that enlistment.
5. 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
__mhm___ __kan___ __dph___ DENY APPLICATION
| CASE ID | AR2002069400 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020514 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 19730119 |
| DISCHARGE AUTHORITY | AR 635-212 |
| DISCHARGE REASON | A40.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2011 | 20110007845
On 3 April 1972, he departed his training unit in an AWOL status. The applicant's DD Form 214 shows he was discharged under the provisions of Army Regulation 635-212 by reason of unsuitability and issued a general discharge. The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of service is commensurate with his overall record of military service.
ARMY | BCMR | CY2001 | 2001054434C070420
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. Evidence of record also...
ARMY | BCMR | CY2008 | 20080007708
On 14 March 1972, the applicant was discharged with a general discharge under honorable conditions under the provisions of Army Regulation 635-212, for unsuitability. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. ABCMR Record of Proceedings (cont) AR20080007708 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080007708 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2004 | 20040007861C070208
He demonstrated no significant mental illness. On 1 February 1972, the applicant’s commander notified him that he was being recommended for separation under the provisions of Army Regulation 635-212, for unsuitability. On 24 February 1972, the applicant was discharged under the provisions of Army Regulation 635-212, by reason of unsuitability with a GD.
ARMY | BCMR | CY2011 | 20110009399
On 26 November 1969, the applicant's commander initiated a request to discharge the applicant for unsuitability under the provisions of Army Regulation 635-212 (Personnel Separations Discharge - Unfitness and Unsuitability). There is no evidence that shows he was diagnosed with PTSD or any mental condition prior to his discharge sufficient to warrant disposition through medical channels. Although the applicant contends he should have been given a medical discharge, the evidence of record...
ARMY | BCMR | CY2012 | 20120007158
He did not receive any hearing concerning his discharge code either while in service or since then. Therefore, it would be appropriate at this time to upgrade his discharge from a general to an honorable discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding his current DD Form 214; b. issuing him a new DD Form 214 reflecting his character of service as "Honorable"; and c. issuing him an Honorable...
ARMY | BCMR | CY2002 | 2002077706C070215
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. The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant's personnel records contain a 16 November 1971 statement from his company commander indicating the applicant got into a fight on 26 August 1971 in another unit and got thrown out of that unit's barracks.
ARMY | BCMR | CY2014 | 20140019710
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records by showing that his general under honorable conditions characterization of service was upgraded to honorable. There is no evidence that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
ARMY | BCMR | CY2010 | 20100019740
IN THE CASE OF: BOARD DATE: 10 February 2011 DOCKET NUMBER: AR20100019740 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Paragraph 27 provided that the DD Form 214 would be coded "RE-3," for all individuals, except those with over 18 years of active service, discharged under this regulation, so as to preclude reentry into the Army, unless authorized by appropriate authority. Army Regulations, in effect at the time, dictated that reenlistment code "RE-3" be assigned to Soldiers discharged...
ARMY | BCMR | CY1997 | 9711195
EVIDENCE OF RECORD : The applicant’s military records show:He initially enlisted in the U.S. Marine Corps on 17 October 1967. On 18 April 1972, the applicant completed a separation physical and was found qualified for separation. On 26 June 1972, the applicant was discharged, with a general discharge, in pay grade E-3, under the provisions of Army Regulation 635-212.