IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007355 


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:

* all references to "any other than honorable with excellent [service] conduct" and "four year college nursing" be removed from her records
* that special training for basic platoon leader be added to her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a printed copy of any Criminal Investigation Division (CID) investigation report conducted on her be provided to her

2.  The applicant states:

* her original contract could not be honored by the Army
* she has never received a copy of a CID investigation report
* her military records do not accurately reflect her actions before or while in the military

3.  The applicant provides a copy of her military records.

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 records contain no mention of 4 years of college in nursing or evidence the applicant attended special training for basic platoon leader, and do not contain a CID investigation. 

3.  The applicant’s military records show that she enlisted in the Regular Army on 30 April 1973.  Her DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows that she enlisted for choice of training (Communications Center Specialist) and choice of station (Europe).

4.  While in advanced individual training, the applicant was given a psychiatric evaluation.  She was diagnosed with a passive-dependent personality, manifested by inability to adjust to the military environment, emotional irritability, confusion of identity, nervousness and other symptoms of chronic anxiety, labile control of emotional responses to minor environmental stresses resulting in outbursts of weeping, withdrawal from interpersonal relationships, and passive obstructionism.  The psychiatrist also indicated that the applicant had a lifelong history of adaption problems, ineffective parental guidance with indifference, a broken unstable home, family history of emotional instability, absence of adequate father and mother daughter relationship, problems adjusting to authority, poor social adaption, difficulty forming meaningful friendships, poor marital adjustment with divorce, mismanagement of hostility, anxiety and dependency feelings in the past.  The psychiatrist added that the applicant enlisted with unrealistic expectations of escaping an unpleasant home environment.

5.  On 6 August 1973, the applicant's commander notified the applicant of her intent to recommend her discharge due to unsuitability and of her rights in conjunction with this recommendation.  The applicant waived her rights but provided a statement in her behalf.  In that statement she said "I have received no Article 15's and no disciplinary action has been brought against me.  I have enjoyed the Army life and came in with the hope that I would be able to fulfill my regular tour of duty.  From the report of Mental Hygiene it appears that I am unsuitable for further military service.  Based on my record, I am requesting an Honorable Discharge from the military."

6.  On 13 August the applicant's commander forwarded her recommendation to discharge the applicant.  Attached to that recommendation was a statement by the commander in which she said "Shortly after her arrival here, [enlisted woman] [social security number] stated her dissatisfaction with being in the Army and her complete lack of interest in the course of instruction at the Signal School.  [The applicant] has been constantly on sick call, missing classes on numerous occasions for an 'undiagnosed' illness.  She will not accept her military obligations and responsibilities to the United States Army.  She is completely 'passive' about the military.  She has never lived a structural [sic] life and cannot cope with the completely structural [sic] life of the Army.  When any pressure is placed upon her to conform she reacts emotionally.  She cannot cope with the stress and regimentation which are an everyday part of Army life."

7.  On 15 August 1973, the applicant's commander forwarded a separate recommendation to bar the applicant from Fort Gordon, GA.  The reasons stated for this recommendation were the applicant was:

* a very disruptive influence on other enlisted women
* strongly suspected of being involved with drugs
* being discharged due to unsuitability

8.  On 16 August 1973, the applicant's battalion commander endorsed the request to bar the applicant from Fort Gordon, GA.  In that endorsement the battalion commander stated that the applicant "is strongly suspected of selling narcotics to other personnel . . . She is currently under CID investigation.  Since her assignment to [her company] the incidents of drug overdose and other drug related incidents has markedly increased."

9.  The appropriate authority approved both of the applicant's commander's recommendations on 16 August 1973.

10.  Accordingly, on 16 August 1973, the applicant was honorably discharged due to unsuitability.  On the same day, the applicant was provided a complete copy of the discharge packet.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain no mention of 4 years of college in nursing or evidence the applicant attended special training for basic platoon leader.  As such, no action can be taken on these portions of the applicant's request.

2.  While the applicant's military records do not contain a CID investigation into her actions while on active duty, there is evidence that an investigation had been initiated on her.  As such, there is no action that the ABCMR can take on this portion of the applicant's request.  If the applicant desires to determine whether there is a CID investigation on file on her, she would need to contact the CID Command.

3.  It is somewhat unclear what the applicant is requesting when she requests that all references to any other than honorable with excellent service conduct be removed from her records.

4.  The applicant was well aware of the discharge action being taken against her by virtue of her commander's notification.  The applicant did not refute her psychiatric evaluation, she waived her rights in conjunction with the discharge recommendation, and she was provided a copy of the complete discharge packet.  Since she did not refute anything contained in these documents at the time, there is no basis for removing any documents pertaining to her discharge for unsuitability at this late date.

5.  The only item the applicant may not have been aware of is her commander's statement that she should be barred from Fort Gordon and the reasons for that recommendation.

6.  In this regard, the Army has an interest in maintaining the integrity of its records.  At the time the applicant's commander recommended that she be barred from Fort Gordon, her commander stated that the applicant was suspected of being involved with illegal drugs.  It must be presumed that statement was based on something that is not contained in the applicant's records.  However, due to the passage of time the basis for that statement cannot now be ascertained.  As such, there is no reason to remove the applicant's commander's statement.

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.

ABCMR Record of Proceedings (cont)                                         AR20100007355



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)