RECORD OF PROCEEDINGS


	IN THE CASE OF:     



	BOARD DATE:           13 January 2005
	DOCKET NUMBER:  AR20040001172


	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



Analyst

      The following members, a quorum, were present:




Chairperson



Member



Member
	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 reconsideration of his earlier request to amend item  20 (Highest Education Level Successfully Completed) and item 27 (Remarks) of his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states that he was a high school graduate.  He also states that he was singled out for abuse during basic training.  His DD Form 214 shows that he was a veteran who was honorably discharged and with nothing of failure in [his service].  The treatment he suffered during basic training caused his post-traumatic stress disorder (PTSD), which only worsened as he continued to serve. 

3.  The applicant provides his DD Form 214; his high school transcripts; a letter from Doctor K___ dated 22 January 2004; three personal statements dated        5 May 2004; and Medical Records Progress Notes dated 7 November 2002 and his 1 December 2002 rebuttal to those Notes 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 

Counsel makes no additional request or statement.

CONSIDERATION OF EVIDENCE: 

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2003088768 on 26 August 2003.

2.  The high school transcripts and the 22 January 2004 letter from Doctor K___ are new evidence which will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 5 March 1976.  His DD Form 1966 (Application for Enlistment – Armed Forces of the United States) shows, in two places, that he was a high school graduate.  His high school transcripts show he graduated from Kewanee High School after previously attending high school in Redford, MI.  His DA Form 2-1 (Personnel Qualification Record) shows he completed 3 years of high school at Kewanee High School in 1967.

4.  On 15 March 1977, the applicant was counseled concerning his private use of a government vehicle; his not using a ground guide and backing a vehicle into a 

ditch; his job performance and behavior in the company (going on sick call or stating he had a profile when he found a job undesirable; and constant bickering with a roommate, of which had had at least two different ones); selling "commical" products on post to military without permission; driving an unregistered vehicle on post with no insurance; and causing discontent among peers by words and deeds.

5.  On 12 April 1977, the company commander initiated separation proceedings on the applicant under the provisions of Army Regulation 635-200, the Expeditious Discharge Program.  He cited the applicant’s inability to adapt socially or emotionally to military service.  

6.  On 12 April 1977, the applicant acknowledged notification of the separation action, stated he voluntarily consented to the discharge, and elected to submit statements in his own behalf.  He stated that he felt he did his best with getting along with the other men in his unit.  He acknowledged he had a lack of experience in interpersonal relationships.  He gave his all to be successful while under intense harassment, even going to the extent of taking a physical beating from one of the men in his company rather than go against what he strongly believed in (not to hate others and react towards them in a hostile manner).  

7.  On 5 May 1977, the appropriate authority approved the recommendation and directed the applicant be given an honorable discharge.

8.  On 10 May 1977, the applicant was discharged with a characterization of service of honorable, in pay grade E-2, under the provisions of Army Regulation 635-200, paragraph 5-37 after completing 1 year, 2 months, and 6 days of creditable active service.  Item 20 of his DD Form 214 shows he completed       11 years of school.  Item 27 contains the entry, “Failure to maintain acceptable standards for retention (Expeditious Discharge Program)."  

9.  In the 22 January 2004 letter, Doctor K___ stated that he believed the circumstances surrounding the applicant's discharge and the Statement "Failure to maintain acceptable standards for retention" in the remarks section of his DD Form 214 has weighed very heavily on the applicant and been a source of great anxiety, embarrassment, and shame for years.  Doctor K___ stated that it seemed entirely legitimate and reasonable that the applicant's discharge papers should reflect the then present but only recently-diagnosed PTSD.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-37 at the time provided that members who 

completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally or failure to demonstrate promotion potential could be discharged.  It provided for the expeditious elimination of substandard, nonproductive Soldiers before board or punitive action becomes necessary.  No member would be discharged under that program unless he/she voluntarily consented to the proposed discharge.  

11.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  

DISCUSSION AND CONCLUSIONS:

1.  There appears to be an error on the applicant's DD Form 214 regarding his highest educational level.  Although his DA Form 2-1 indicated he had completed only 11 years of education, his enlistment documents clearing indicated he was  a high school graduate.  That information, combined with the high school transcripts provided by him, is sufficient on which to base a correction to item    20 of his DD Form 214.

2.  Unfortunately, there is no error in item 27 of the applicant's DD Form 214.  He acknowledged he had a lack of experience in interpersonal relationships.  The harassment he was subjected to was regrettable and his moral standards are laudable.  However, the Army is not a pacifist organization and does not attract pacifist members.  Since few individuals in the Army would have had his same moral standards, it would have been inevitable that he would have continued to have the same inability to adapt to the Army as long as he stayed in.  There was a reasonable judgment on the part of his commander that it was best to separate him then rather than let his problems escalate until an adverse separation or a less than honorable discharge would have been appropriate.  

3.  There is no evidence to show the applicant was unfit to perform his military duties due to PTSD.  As he acknowledged, he gave his all to be successful and it was his lack of experience in interpersonal relationships, not a medical condition, that, in effect, made him administratively unfit for retention.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx______ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a partial amendment of the ABCMR’s decision in Docket Number AR2003088768 dated 26 August 2003.  As a result, the Board recommends that item 20 of the DD Form 214 of the individual concerned be corrected by showing he completed 12 years of education.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the narrative reason for his separation.  




		__x
		        CHAIRPERSON





INDEX

CASE ID
AR20040001172
SUFFIX

RECON

DATE BOARDED
20050113
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schneider
ISSUES         1.
100.00
2.
110.02
3.

4.

5.

6.


ABCMR Record of Proceedings (cont)                                     AR20040001172                         

5


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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