IN THE CASE OF:	  

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080003314 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his general discharge be changed to a medical discharge. 

2.  The applicant states, in effect, that he was put in a mental hospital and was later discharged.  He still had mental problems without help.  He thinks he should have a medical discharge. 

3.  The applicant provides no additional documentation in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.



2.  The applicant's military records show he enlisted on 8 September 1960, with his parents consent, at the age of 17 years, 3 months, and 17 days.  He was scheduled for training in military occupational specialty (MOS), 006.00, Trainee.  

3.  The applicant departed absent without leave (AWOL) on 9 October 1960 and remained until 18 October 1960.  He again departed AWOL on 27 October 1960.

4.  On 29 October 1960, the applicant's commander requested that his enlistment be voided under the provisions of Army Regulation 615-362, paragraph 4a(4), and that he be released from the custody and control of the United States Army.  The commander indicated that the applicant was irresponsible, lacked foresight, and his conduct precluded any potential degree of adaptability for military service. 

5.  On 8 November 1960, the Assistant Adjutant General (AG) determined that the enlistment of the applicant should be voided pursuant to applicable regulations.  A request for permission to release him at the earliest possible date was requested.

6.  On 30 November 1960, the applicant was apprehended by civilian authorities at Perrin Air Force Base (AFB), Sherman, Texas.  On 2 December 1960, he escaped and was reapprehended on 5 December 1960, in Durant, Oklahoma.  On 6 December 1960, he was transported to the military hospital at Sheppard AFB, Texas, where he remained until 9 January 1961.  On 10 January 1961, he was transferred to the Special Processing Detachment, Special Troops, Fort Hood, Texas.

7.  The applicant's records contain a copy of a Surgeon General's Office (SGO) Hospital Listing, which shows that the applicant was admitted to the hospital in December 1960, at Perring AFB, Sherman, Texas.  He remained hospitalized for 17 days and was diagnosed as having epilepsy, grand mal, and an inadequate personality.  The SGO Hospital Listings indicated the diagnosed conditions had existed prior to his service (EPTS).

8.  On 12 January 1961, the action to void his enlistment was suspended.

9.  The applicant underwent a separation medical examination on 13 January 1961.  He was found qualified for separation with an 111111 physical profile.  On his Report of Medical History the applicant indicated that he had been having epileptic fits and chest pain and was in the psychiatric ward at Sheppard AFB, Texas.  This report was not validated by medical authority. 
10.  On 17 January 1961, the applicant was discharged under the provision of Army Regulation 615-362, for minority.  He had a total of 2 months and 21 days of total active service and had 50 days of time lost due to AWOL and confinement.  

11.  Army Regulation 615-362, in effect at the time, provided the criteria for "Minority"' discharges.  It provided, in pertinent part, that the Secretary of the Army could accept original enlistments in the Army of qualified, effectively able-bodied male persons who were not less than 17 years of age, with written consent of the individual's parents or guardian.  In cases where subsequent evidence was obtained which showed that an individual's enlistment or induction was void, the individual would be separated with an honorable or general discharge, as deemed appropriate based on the individual's record of service.  That regulation was subsequently changed to reflect that such individuals would be released from Army custody and control and that no discharge would be issued.

12.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.   

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant enlisted at the age of 17 years, 4 months, and 17 days, with his parents’- consent.  

2.  The evidence of record shows that the applicant established a pattern 
of misconduct while he was in service.  He went AWOL on three occasions, was confined, and accumulated a total of 50 days of time lost. 

3.  A request was submitted for his discharge for minority reasons and it was determined that his enlistment should be voided according to the provisions of Army Regulation 615-362; however, at the time the applicant was in an AWOL and desertion status and action to void his enlistment was suspended.




4.  When the applicant returned from military control, he was hospitalized for 17 days.  He was diagnosed to have experienced epilepsy, grand mals [seizures], and an inadequate personality.  The SGO Hospital Listings indicated these medical conditions had existed prior to the applicant's enlistment and EPTS.   

5.  The applicant underwent a separation physical examination in conjunction with his discharge process.  The applicant claims that he was in a mental hospital; however, this was not validated by the evidence of record or proper medical authorities.  There is no evidence, and he has provided none, to show that a mental or psychological evaluation was prepared in conjunction with his discharge.  He was found qualified for separation with a 111111 physical profile.

6.  There is no evidence to show that he was recommended for appearance before a Medical Evaluation Board (MEB) or any form of physical disability processing prior to his discharge.

7.  The applicant was later discharged under the provision of Army Regulation 615-362, for minority.  He was 17 years, 7 months, and 26 days of age on the date of his discharge.  He was issued a general discharge.

8.  The applicant has provided insufficient evidence to show that his discharge was unjust and that he should have been medically discharged.  He also has not provided evidence sufficient to mitigate the character of his discharge.

9.  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 failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




_________x______________
	CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.