IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100009581
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 that the information in item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be deleted or changed.
2. The applicant states his records were recently corrected and his discharge was upgraded. He further states the information in item 28 is unjust and serves as an insult and stain on record.
3. The applicant provides his DD Form 214, an Honorable Discharge Certificate, and the cover letter sent with documents he was issued upon the upgrade of his discharge.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel records show he enlisted in the Regular Army on 23 January 1961, the day after his 17th birthday, for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 293.10 (Radio Relay and Carrier Operator).
2. On 11 July 1962, the applicant's commander recommended that he be discharged from the service for frequent incidents of character and behavior disorder. The commander stated the applicant, with no thought of consequences, had consistently committed numerous acts of misconduct within the military such as being drunk and disorderly, being disrespectful towards a superior officer, and that he willfully destroyed private property. The commander stated the applicant, for reasons that apparently took place during his childhood, rebelled against discipline and good order and he felt the applicant lacked the ability and stability to adjust to Army standards. The commander stated that all efforts to assist the applicant in adjusting to military life had been useless.
3. On 16 July 1962, the appropriate authority approved the applicant's discharge under the provisions of Army Regulation 635-209 (Personnel Separations, Discharge, Unsuitability) for unsuitability and directed that he be issued a general discharge. On 25 July 1962, the applicant was discharged. He had completed
1 year, 6 months, and 3 days of active service that was characterized as under honorable conditions.
4. The DD Form 214 issued to the applicant at the time of his discharge shows in item 11c (Reason and Authority) "AR 635-209 SPN 264." The form does not provide a narrative reason for his discharge.
5. On 22 October 2009, the Army Board for Correction of Military Records (ABCMR) recommended approval of the applicant's request for upgrade of his discharge to honorable in Docket Number AR20090006803. The ABCMR did not recommend correction of the reason and authority for his discharge. On
28 October 2009, the ABCMR's recommendation was approved. The applicant's original DD Form 214 was voided, and he was issued a new DD Form 214 showing his characterization of service was honorable. Item 28 (Narrative Reason for Separation) of the new DD Form 214 contains the phrase "unsuitability-character and behavior disorders."
6. Army Regulation 635-209, in effect at the time, set forth the policy and prescribed procedures for eliminating enlisted personnel for unsuitability. Unsuitability included character and behavior disorders. Evaluation by a medical officer was required and, when psychiatric indications were involved, the medical officer must have been a psychiatrist, if one was available. A general or honorable discharge was considered appropriate.
7. Army Regulation 635-5 (Personnel Separations, Separation Forms) prescribes forms to be used in the separation of Army personnel. The version of the regulation in effect at the time of the applicant's discharge specified that the following reasons for discharge would not be stated in words on DD Form 214: unsuitability, inaptitude, unfitness, misconduct, homosexual, elimination or resignation in lieu thereof, resignation for good of the service, and any other reason involving mental or moral issues upon which the discharge of the individual may be predicated.
8. The current version of Army Regulation 635-5 states each block of the DD Form 214 must have an entry. When data is not applicable, enter NA, NONE or hyphens, as appropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for deletion of the information in item 28 of his
DD Form 214 is supported by the evidence.
2. The DD Form 214 issued upon upgrade of the applicant's characterization of service includes a narrative reason for separation that was not included on his original DD Form 214 and was not to be entered on the form under the regulation in effect at the time of his discharge. As a matter of equity, he is entitled to a new DD Form 214 that does not show a narrative reason for separation.
BOARD VOTE:
________ ________ ________ GRANT FULL 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a new DD Form 214 with item 28 lined through with hyphens.
_______ _ ________ ___
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) AR20090006803
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009581
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120018380
After carefully considering the evidence of record, the board found the applicant unsuitable for further military service. The board recommended she be discharged for unsuitability with a general discharge under honorable conditions. Action would be taken to discharge an individual for unsuitability only when, in the commander's opinion, it was clearly established that: the individual was unlikely to develop sufficiently to participate in further military training and/or become a...
ARMY | BCMR | CY2009 | 20090005185
The applicant requests his general discharge for the period ending 28 September 1962 be upgraded to an honorable discharge and correction of his records to show he was awarded the Army Good Conduct Medal (AGCM). Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the AGCM the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. As a result, the...
ARMY | BCMR | CY2009 | 20090006803
The applicant requests that his general discharge, under honorable conditions be upgraded to an honorable discharge. The applicant provides, in support of his application, three personal references and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 25 July 1962. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the general discharge now...
ARMY | BCMR | CY2014 | 20140000645
The applicant requests an upgrade of his general discharge under honorable conditions to an honorable discharge. The Brotzman Memorandum required that the revised provisions of Army Regulation 635-200 be applied retroactively when reviewing applications for discharge upgrades based on personality disorders. ABCMR Record of Proceedings (cont) AR20140000645 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140000645 2 ARMY BOARD...
ARMY | BCMR | CY2014 | 20140007340
On 11 July 1961, he was released from the hospital and returned to the unit. There is no evidence he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * issuing the applicant a new DD Form 214 reflecting his character of service as honorable * issuing the applicant an Honorable Discharge...
ARMY | BCMR | CY2008 | 20080015995
IN THE CASE OF: BOARD DATE: 2 December 2008 DOCKET NUMBER: AR20080015995 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Army Regulation 635-209 set forth the basic authority for the separation of enlisted personnel for unsuitability. Therefore, there is insufficient evidence to show that the applicant was improperly separated administratively under the provisions of Army Regulation 635-209 rather than medically under the provisions of Army Regulation 635-40.
ARMY | BCMR | CY2004 | 20040011266C070208
The applicant requests that his records be corrected by upgrading his discharge. On 23 January 1963, the appropriate separation authority approved the discharge request and directed the issuance of a general discharge. That determination was well within the separation’s authority at that time.
ARMY | BCMR | CY2004 | 20040010212C070208
Leonard Hassell | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his discharge be upgraded to fully honorable by reason of physical disability. Action was to be taken to discharge an individual for unsuitability when, in the commander's opinion, it was clearly established that: the individual was unlikely to develop sufficiently to participate in further military training and/or become a...
ARMY | BCMR | CY2008 | 20080014225
The military psychiatrist further recommended the applicant be separated from the Army. The applicant submitted copies of his chronological record of medical care, dated on miscellaneous dates throughout his military service, that show he underwent a routine hernia operation on 4 June 1962 at Fort Hood, Texas, and that he was discharged to duty after his surgery. In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that...
ARMY | BCMR | CY2010 | 20100018220
There is no evidence to show that the applicant applied to the Army Discharge Review Board, within its 15-year statute of limitations, for a discharge upgrade. The applicant's military records show that a Medical Corps officer examined the applicant and found evidence of a character and behavior disorder (now called personality disorder). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the general discharge...