IN THE CASE OF:	  

		BOARD DATE:	    12 October 2010

		DOCKET NUMBER:  AR20100012386 


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 his general discharge be upgraded to fully honorable.

2.  The applicant states he served honorably in a Top Secret unit in Cold War Berlin Brigade and the unit's mission was extremely stressful and dangerous given the political and cultural anti-war and anti-American atmosphere of the 1960's in West Berlin and the Soviet bloc's lethal tactics against U.S. Armed Forces personnel.  He goes on to state that his records are missing an Army psychological evaluation done prior to his separation that documented his pre-existing depression and post-traumatic stress disorder (PTSD) in his childhood history and, therefore, constituted a pre-existing disability that was exacerbated by the trauma of his service in Berlin.  He further states that the punitive role of this type of evaluation should be considered as well as his being encouraged to accept a general discharge so as not to burden the Army with rehabilitation and a service-connected disability at a later date.

3.  The applicant provides copies of:

* his passport
* his registration certificate as a licensed clinical social worker
* his Master of Social Work diploma and transcript
* his annual membership card for the National Association of Social Workers (NASW)
* a certificate of training from the NASW
* a certificate of appreciation from The American Legion
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* incomplete facts and circumstances surrounding his discharge
* documents relating to disciplinary action being taken against him
* his DA Form 20 (Enlisted Qualification Record)
* his entrance medical examination

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 was born on 6 December 1947 and he enlisted in Brooklyn, New York, on 7 February 1966 for a period of 3 years and training in the medical care career management field.  He was transferred to Fort Dix, New Jersey, to undergo basic training.  On 31 March 1966, nonjudicial punishment (NJP) was imposed against him for disobeying a lawful order from a superior noncommissioned officer.

3.  He completed basic training and was transferred to Fort Sam Houston, Texas, to undergo advanced individual training (AIT) as a pharmacy specialist.  On 9 June 1966, NJP was imposed against him for being absent without leave (AWOL) from 26 to 29 May 1966.

4.  On 14 June 1966, he was transferred to Fort Knox, Kentucky, to undergo AIT as a radio operator.  He completed this training and received orders assigning him to Germany with a report date to Fort Dix on 7 September 1966.  He did not report as ordered and was reported as AWOL on 7 September 1966.

5.  He remained absent until he was returned to military control at Fort Dix on 20 October 1966 and NJP was imposed against him for the AWOL offense.

6.  He was transferred to Germany on 21 October 1966 and was initially assigned to Detachment A, U.S. Army Berlin Brigade, for duty as a radio operator.

7.  On 26 October 1967, NJP was imposed against him for being AWOL from 21 to 24 October 1967.  His Top Secret security clearance was revoked and he was assigned temporary duties in Frankfurt, West Germany.

8.  On 27 October 1967, he underwent a psychiatric evaluation and was diagnosed as having a personality pattern disturbance with use of a hallucinogenic drug (3207).  The examining psychiatrist noted that the applicant admitted to using the hallucinogenic drug lysergic acid diethylamide (LSD) with full knowledge of his rights under Article 31, Uniform Code of Military Justice.  He further stated the applicant was preoccupied with thoughts about girls, but he is frequently depressed because of his inability to get very far with most of them.  Uppermost in his mind was his difficulty in establishing what he considers satisfactory relationships with women.  The examining psychiatrist opined that the applicant's admitted use of drugs and his lack of particular remorse about being AWOL did not point to significant rehabilitative potential.  He recommended administrative separation under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability) due to his personality disorder and use of illegal drugs.

9.  On 1 November 1967, the applicant's commander initiated action to separate him from the service under the provisions of Army Regulation 635-212 for unsuitability.  The commander indicated that although the applicant openly admitted to having used LSD, there was insufficient evidence to base a recommendation for unfitness.  Therefore, separation for unsuitability was recommended based on his character and behavior disorder.

10.  On 2 November 1967 after consulting with counsel, the applicant waived all of his rights and elected not to submit a statement in his own behalf.

11.  On 6 November 1967, the appropriate authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.

12.  Accordingly, he was discharged under honorable conditions on 14 November 1967 under the provisions of Army Regulation 635-212.  He served 1 year, 7 months, and 20 days of total active service with 49 days of lost time.

13.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unsuitability or unfitness.  It provided that members having undesirable habits or traits of character were subject to separation for unsuitability based on inaptitude, a diagnosed character and behavior disorder, apathy, alcoholism, and enuresis.  Although a general discharge was authorized, an undesirable discharge was normally considered appropriate.

14.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) governs the policies and procedures for the separation of enlisted personnel.  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.

15.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's administrative separation was accomplished in accordance with regulations in effect at the time.

2.  The applicant's contention that his service with the Berlin Brigade exacerbated his PTSD has been noted and appears to lack merit.  The majority of the applicant's misconduct occurred prior to his assignment in Berlin and there is no evidence to show otherwise.

3.  It is further noted that the psychiatric evaluation conducted at the time specified that the applicant's personality pattern disturbance was associated with the use of hallucinogenic drugs which the applicant openly admitted to using.

4.  Therefore, given the applicant's admitted use of illegal drugs at the time, it appears the commander considered his circumstances when he gave the applicant a general discharge instead of an undesirable discharge.  Accordingly, there appears to be clear and demonstrable reasons for not upgrading his discharge to a fully honorable discharge.

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.



      __________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)                                         AR20100012386



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ABCMR Record of Proceedings (cont)                                         AR20100012386



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