RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           24 March 2005
      DOCKET NUMBER:  AR20040003441


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his general, under honorable
conditions discharge (GD) be upgraded to an honorable discharge (HD).

2.  The applicant states, in effect, that he has been a certified public
accountant (CPA), investment banker and businessman.  He claims that his
position in the community is respected and the orthodox Jewish community
has its synagogue in his home.  He states that although his complaints
while in the service with respect to the legality of certain kinds of
orders may have had merit, he was immature in the way he dealt with those
orders.  He states that he would certainly handle the situation differently
today.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 12 June 1964.  The application submitted in this case is
dated
22 June 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show that he enlisted in the Regular
Army and entered active duty on 8 February 1962.  He was trained in,
awarded and served in military occupational specialty (MOS) 810.00 (General
Draftsman) and the highest rank he attained while serving on active duty
was private/E-2 (PV2).

4.  The applicant’s record documents no acts of valor, significant
achievement, or service warranting special recognition.  It also reveals an
extensive disciplinary history that includes his acceptance of nonjudicial
punishment (NJP) under the provisions of Article 15 of the Uniform Code of
Military Justice (UCMJ) on three separate occasions and convictions by a
summary court-martial (SCM) and special court-martial (SPCM).

5.  While serving at Fort Belvoir, Virginia, the applicant underwent four
separate psychiatric evaluations between 13 September 1962 and 14 May 1964.
 The final evaluation indicated his condition was the result of a character
and behavior disorder.

6.  On 25 May 1964, the unit commander recommended the applicant’s
separation under the provisions of Army Regulation 635-209, by reason of
unsuitability (character and behavior disorder), and that he receive a GD.
In the request, the unit commander cited the applicant’s immaturity and
indicated that unit administrative and disciplinary action had no effect on
the applicant.  He further indicated the general attitude expressed by the
applicant was that he was different than other Soldiers and that he liked
himself that way.  The commander outlined the numerous failed
rehabilitation measures taken in the applicant’s case and the applicant’s
disciplinary history in support of his recommendation.

7.  On 3 June 1964, the separation authority approved the applicant’s
discharge for unsuitability and directed that the applicant receive a GD.
On 12 June 1964, the applicant was discharged accordingly.

8.  The separation document (DD Form 214) issued to the applicant confirms
that he was separated with a GD on 12 June 1964.  At the time of his
discharge, he held the rank of private/E-1 and he had completed a total of
2 years and 17 days of creditable active military service and he had
accrued 109 days of time lost.

9.  The separation document further confirms that the authority for his
separation was Army Regulation 635-209 and the reason was unsuitability
(character and behavior disorder).

10.  There is no indication that the applicant petitioned the Army
Discharge Review Board for an upgrade to his discharge within its 15-year
statute of limitations.

11.  Army Regulation 635-209, in effect at the time, provided the authority
for the separation of enlisted personnel for unsuitability based on
inaptitude, character and behavior disorder, apathy, enuresis, alcoholism,
or homosexual tendencies.  Members separated under these provisions could
receive either an HD or GD.

12.  On 23 November 1972, Army Regulation 635-200 was published and became
the governing regulation for the administrative separation of enlisted
personnel, which included the categories of separations previously governed
by Army Regulation 635-209.

13.  A Department of the Army (DA) message # 302221Z, dated March 1976,
changed “character and behavior disorder” to “personality disorder” and
Army Regulation 635-200 was revised on 1 December 1976.  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.

14.  Department of Defense (DOD) Directive 1332.28, dated 11 August 1982,
subject: Discharge Review Board Procedures and Standards, established
uniform policies, procedures, and standards for the review of discharges or
dismissals under Title 10, United States Code, section 1553, and this
guidance applies to the Office of the Secretary of Defense and all the
Military Departments.

15.  Army Regulation 635-200, currently in effect, sets forth the basic
authority for the separation of enlisted personnel.  Paragraph 5-13
provides, in pertinent part, when separation is because of a personality
disorder, the service of a soldier separated per this paragraph will be
characterized as honorable unless an entry level separation is required
under chapter 3, section III.  A characterization of service of under
honorable conditions may only be awarded to a soldier separating under
these provisions if they had been convicted of an offense by general court-
martial or convicted by more than one special court-martial during the
current enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was separated under the
provisions of Army Regulation 635-209, by reason of unsuitability
(character and behavior disorder).  It further shows that his separation
processing was accomplished in accordance with the applicable regulation
and his discharge accurately reflected his overall record of
undistinguished service.

2.  However, under current regulations, members separated by reason of
personality disorder (character and behavior disorder) must be issued an HD
unless they have been convicted by a general court-martial or more than one
special court-martial.  Therefore, given the applicant’s disciplinary
record does not rise to the level that supports a GD, his discharge is too
harsh under current standards.  Therefore, it would be appropriate to
upgrade his discharge to an
HD in the interest of equity.

BOARD VOTE:

___ALR__  ___REB_  __RR___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he received an honorable
discharge on 12 June 1964, in lieu of the general, under honorable
conditions discharge of the same date he now holds.




            ____Allen L. Raub_______
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040003441                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/24                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |1964/06/12                              |
|DISCHARGE AUTHORITY     |AR 635-209                              |
|DISCHARGE REASON        |Unsuit (C&B Disorder)                   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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