| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Ted S. Kanamine | Chairperson | |
| Mr. William D. Powers | Member | |
| Mr. Frank C. Jones, II | Member |
APPLICANT REQUESTS: That his undesirable discharge be upgraded to honorable.
APPLICANT STATES: In effect, that he should not have been enlisted because he had been diagnosed with a mental disorder for years before he entered the Army. In support of his application he submits a typed copy of his 1966 Army psychiatric evaluation.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 16 April 1966 and completed basic training with excellent conduct and efficiency ratings. However, he was absent without leave (AWOL) from advanced individual training, for which he received nonjudicial punishment under Article 15, Uniform Code of Military Justice. He was subsequently convicted by two special court-martials and never finished training.
At a psychiatric evaluation on 9 September 1966 the applicant reported he had been an excessively emotional and nervous person since childhood. He also reported being a bed wetter all his life. He reported that numerous times he had been confined in juvenile facilities as a run-away. The last resulted in his enlistment in the Army because the judge gave him a choice of joining or being referred to the state juvenile authority. The psychiatrist provided a diagnosis of severe emotionally unstable personality with schizoid features. The applicant was found to be able to tell right from wrong and to adhere to the right. He had the mental capacity to understand and participate in elimination proceedings.
On 24 January 1967 the battalion commander recommended that the applicant be eliminated from the service due to frequent incidents of a discreditable nature. The applicant was advised of and waived his rights to have his case considered by a board of officers, to be represented by counsel and to submit statements in his own behalf. The separation authority approved the recommendation and directed that the applicant be issued an undesirable discharge.
On 9 February 1967 the applicant was discharged under the provisions of Army Regulation 635-212. He had 2 months and 10 days of creditable service and approximately 212 days lost time.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel. Paragraph 6a(1) of the regulation provided, in pertinent part, that members involved in frequent incidents of a discreditable nature with civil or military authorities were subject to separation for unfitness. An undesirable discharge was normally considered appropriate.
On 15 July 1968 the Army Discharge Review Board denied the applicant request to upgrade his 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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
2. The fact that the applicant reported a possibly disqualifying history at his 1966 psychiatric evaluation does not make that report accurate. Furthermore, if it was accurate, the applicant, and not Army or even the judge was responsible for his enlistment. If the reported facts were true and if he had revealed them, as he should have done, the applicant would not have been enlisted without a waiver.
3. There is no available evidence that either at the time of his enlistment or at the time of his discharge the applicant was so impaired by emotional, psychological or psychiatric factors that he could not tell right from wrong and adhere to the right. In fact, there is a qualified medical finding that, prior to the discharge, the exact opposite was the case.
4. 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.
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
_TSK___ _WDP ___ __FCJ __ DENY APPLICATION
| CASE ID | AR2002082054 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030812 |
| TYPE OF DISCHARGE | UD |
| DATE OF DISCHARGE | 19670209 |
| DISCHARGE AUTHORITY | AR 635-212. . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | A50.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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