| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Ms. Joann Langston | Chairperson | |
| Ms. Melinda M. Darby | Member | |
| Mr. Robert E. Blakely | Member |
2. The applicant requests that his general discharge be upgraded to honorable.
3. The applicant states, in effect, that he was misdiagnosed in 1970. He contends that his emotionally unstable personality disorder should have been diagnosed as a schizoaffective disorder (depressed).
4. The applicant’s military records show that he enlisted on 2 November 1970 for a period of 2 years.
5. On 13 November 1970, the applicant underwent a psychiatric evaluation and was diagnosed with a severe emotionally unstable personality disorder. The psychiatrist determined that the applicant had poor emotional control and would not be able to adjust to military service and that he would continue to present problems if not discharged. The applicant was cleared for any administrative decision deemed appropriate by his command.
6. On 13 November 1970, the applicant was notified of his pending separation under the provisions of Army Regulation 635-212, for unsuitability.
7. On 14 November 1970, after consulting with counsel, the applicant waived consideration of his case by a board of officers, waived representation by counsel and elected not to make a statement in his own behalf. He also acknowledged that he may encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions was issued.
8. On 16 November 1970, the applicant’s unit commander initiated action to separate him from the service under the provisions of Army Regulation 635-212, for unsuitability. He based his recommendation for separation on the applicant’s inability to adjust to military life and his character and behavior disorders causing severe ineptitude for which he was not amenable.
9. On 20 November 1970, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-212 for unsuitability due to character and behavior disorders. He also directed that the applicant be furnished a general discharge.
10. Accordingly, the applicant was discharged under honorable conditions (a general discharge) on 3 December 1970 under the provisions of Army Regulation 635-212 for unsuitability due to character and behavior disorders. He had served 1 month and 2 days of total active service.
11. Army Regulation 635-212, then in effect, set forth the policy and procedures for the administrative separation of enlisted personnel for unfitness and unsuitability. It provided, in pertinent part, for the discharge due to unsuitability of those individuals with character and behavior disorders and disorders of intelligence as determined by medical authority. When separation for unsuitability was warranted an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.
12. Army Regulation 635-200 was revised on 1 December 1976, following settlement of a civil suit. Thereafter, the type of discharge and the character of service was to be determined solely by the individual's military record during the current enlistment. Further, any separation for unsuitability, based on personality disorder must include a diagnosis of a personality disorder made by a physician trained in psychiatry. In connection with these changes, a Department of the Army Memorandum dated 14 January 1977, and better known as the Brotzman Memorandum, was promulgated. It required retroactive application of revised policies, attitudes and changes in reviewing applications for upgrade of discharges based on personality disorders. A second memorandum, dated
8 February 1978, and better known as the Nelson Memorandum, expanded the review policy and specified that the presence of a personality disorder diagnosis would justify upgrade of a discharge to fully honorable except in cases where there are "clear and demonstrable reasons" why a fully honorable discharge should not be given. Conviction by general court-martial or by more than one special court-martial was determined to be "clear and demonstrable reasons" which would justify a less than fully honorable discharge.
CONCLUSIONS:
1. The applicant’s administrative separation on 3 December 1970 was accomplished in accordance with regulations then in effect.
2. However, during processing for discharge, the applicant was diagnosed with a severe emotionally unstable personality disorder by a psychiatrist.
3. In view of the foregoing, the general discharge issued to the applicant at the time of his separation is inconsistent with the standards for discharge for unsuitability which became effective in June 1976. Since these new standards retroactively authorized an honorable discharge in cases where soldiers diagnosed with a personality disorder were separated for unsuitability, the applicant in this case should receive an honorable discharge consistent with these standards.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with an Honorable Discharge Certificate on 3 December 1970.
2. That the Department issue to him an Honorable Discharge Certificate, dated
3 December 1970, in lieu of the general discharge of the same date now held by him.
BOARD VOTE:
JL_____ MMD_____ REB____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
__Joann Langston___
CHAIRPERSON
| CASE ID | AR2002074847 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020919 |
| TYPE OF DISCHARGE | (GD) |
| DATE OF DISCHARGE | 19701203 |
| DISCHARGE AUTHORITY | AR 625-212 |
| DISCHARGE REASON | Unsuitability due to character and behavior disorders |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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