IN THE CASE OF:
BOARD DATE: 12 March 2009
DOCKET NUMBER: AR20080017988
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 the narrative reason for his separation be changed.
2. The applicant states he was discharged because of bi-polar disorder, not because of a personality disorder.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army for 3 years on 30 December 1970. Upon completion of his initial entry military training, the applicant was transferred to Germany for duty in military occupational specialty (MOS) 31M (Radio Relay and Carrier Attendant). He arrived in Germany on/about 23 August 1971.
3. The applicant was discharged on 12 April 1973 for the purpose of immediate reenlistment. He reenlisted for 4 years on 13 April 1973. On or about 1 June 1973, he departed Germany for the United States. His service in Germany was marked by excellent conduct and efficiency ratings.
4. The applicant was transferred back to Germany on or about 17 October 1973. The record shows he arrived in Germany on/about 25 October 1973 and performed duties in MOS 84G (Photo Lab Specialist).
5. The applicants record contains nine negative counseling statements for a variety of misconduct, to include missing formation (twice), failing to report for duty, nonmilitary haircut, poor duty performance, late for work (twice), and not being ready for inspection (twice).
6. During an appointment with the Chaplain, he became emotionally upset and hostile. When the Chaplain left the room, he scratched his wrists and passed out on [the] office floor. He was sent for a psychiatric evaluation which was conducted on the following day, 3 October 1974. The psychiatrist found him to be
an angry, hostile, young individual with numerous complaints about the Army harassment and mistreatment
.He feels he cannot put up with the Army anymore and will try suicide gestures until he leaves it one way or the other. He was diagnosed with
an Inadequate Personality shown in a Character/behavior disorder. He was cleared for administrative separation action.
7. On 14 October 1974, the applicants commander notified the applicant of his intent to discharge him for unsuitability under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 13-12. The applicant acknowledged notification, waived consideration of his case by a board of officers, waived counsel and a psychiatric examination, and elected not to make any statement in his own behalf.
8. On 14 October 1974, the applicants commander forwarded the administrative separation packet through the intermediate commander to the approving authority for final disposition. On 21 October 1974, the approving authority approved the applicants discharge with a general under honorable conditions characterization of service.
9. On 29 October 1974, the applicant was discharged with a General Discharge Certificate. He was discharged by reason of unsuitability apathy, defective attitudes, and inability to expend effort constructively under the provisions of Army Regulation 635-200, paragraph 13-5b(3).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should not have been discharged because of a personality disorder, but because of a bi-polar disorder.
2. The applicant was not discharged by reason of a personality disorder; he was discharged for unsuitability, including apathy, defective attitudes, and inability to expend effort constructively.
3. The applicant received a command-referred psychiatric evaluation because his chain of command was concerned about his weak suicide gestures (e.g., scratching his wrists). He was determined by competent medical authority to have an inadequate personality, but there was no diagnosis of bi-polar disorder. Further, no medical reason was found to refer the applicant for physical disability processing.
4. The applicant has provided no evidence to support his contention that he suffered from a bi-polar disorder in 1974.
5. 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.
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.
XXX
______________________
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.
ABCMR Record of Proceedings (cont) AR20080017988
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ABCMR Record of Proceedings (cont) AR20080017988
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