BOARD DATE:  3 July 2012

		DOCKET NUMBER:  AR20120000542 


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 his honorable discharge be changed to a medical discharge.

2.  The applicant states he received a general discharge, yet he was treated for an anxiety disorder.  He is asking the Army to correct his discharge to medical so he can receive the benefits that are due him.  He is suffering from the same condition now as when he was in the Army.  The doctors treated him for this condition.  The stress was just too much for him; they should have seen and recognized that and given him the right discharge.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 27 February 1974.  He did not complete training and was not awarded a military occupational specialty.

3.  The certificate issued by a Headquarters, Walston Army Hospital, Fort Dix, NJ psychiatrist, dated11 March 1974, shows:

	a.  Diagnosis:

		(1)  "Adjustment reaction of adolescence, manifested by irritability, depression, temper outbursts, suicide threats and brooding; line of duty (LOD) – No, existed prior to service (EPTS)."

		(2)  "Antisocial personality, manifested by unsocialized conduct brings him into conflict with the law, callous, irresponsible and impulsive behavior, low frustration tolerance, tendency to rationalize and blame others for his behavior; LOD – No, EPTS."

	b.  Brief History:  "…The patient's father is the Chief of Police of Bridgewater, VA.  The patient has been involved in many incidents, most of which have been kept out of the public view because of his father's position in the town.  He has used drugs repeatedly but has made sure not to be seen or has done it while out of town.  Most recently he was involved in an incident where a friend stole some gasoline and implicated the patient as being involved in the incident.  The patient denied being involved but also could not prove his innocence and he was faced with being convicted by the judge in the town.  He said the judge gave him an ultimatum that either he join the Army or he would be convicted and jailed.  The patient chose enlisting in the Army.  On enlisting, he denied coercion and fraudulent enlistment could not be proved.  After several days in the Army, he rejected all attempts to accept the discipline and refused to follow orders.  He said he didn't like being treated like a dog and would never cooperate with the authorities.  He clearly stated his intention to do what he wanted when he wanted and how he wanted."

	c.  Mental Status:  "…It was his own assessment that if he were given a discharge from the military all his problems would disappear."

	d.  Recommendation:  "There are no disqualifying mental or physical defects sufficient to warrant disposition through medical channels.  There are no provisions of Army Regulation 40-501 (Standards of Medical Fitness) to allow disqualification from the service.  However, it is felt because of the severe character and behavior disorder manifested prior to entry into the Army and during his brief tenure in the Army that it would be impossible for this patient to be properly matriculated into the service.  His defiance of authority and refusal to accept regimentation and discipline disqualify him from retention in the service.  On the basis of his past behavior, the present circumstances, and his own predictions, it is strongly recommended that administrative steps be taken to separate this man from the Army for the good of the service."

4.  On 13 March 1974, he acknowledged notification of his proposed honorable discharge from the Army and that he understood that due to non-completion of requisite active duty time, Veterans Administration and other benefits normally associated with completion of honorable active duty service would be affected.  He waived his right to consult with legal counsel.  He indicated he did not desire to have a separation medical examination and he did not desire to make a statement or submit a rebuttal in his own behalf.

5.  On 15 March 1974, the separation authority approved the applicant's discharge.

6.  The applicant was issued an honorable discharge on 20 March 1974.  He completed 24 days of net active duty service.  The authority and reason for his separation are shown as "AR 635-200, DA MSG 011510Z AUG 73, SPD 770."

7.  His medical records are not available for review.  However, the medical examination conducted on 24 September 1973 for his enlistment contains no notations concerning an anxiety disorder.  The applicant indicated he was in "good health" and taking "no medications."

8.  Department of the Army message, dated 011510Z August 1973, provided the standards and criteria for the program for evaluation and discharge of enlistees before 180 active duty days.  This program was implemented effective 1 September 1973 pending the revision of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel).  This program was designed to enable commanders to expeditiously discharge the individual who lacked the necessary motivation, discipline, ability, or aptitude to become a productive Soldier when this individual:  (1) was voluntarily enlisted in the Regular Army, the Army National Guard or the Army Reserve; (2) was in basic combat training, or in military occupational specialty (MOS) training or advanced individual training, a service school, in units, or on-the-job training prior to the award of an MOS, or would have completed no more than 179 days of active duty by the date of discharge, whichever occurred earlier; or (3) had demonstrated that he or she was not qualified for retention for one or more of the following reasons:  (a) could not or would not adapt socially or emotionally to military life; (b) could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, or motivation; or (c) did not meet the moral, mental, or physical standards for enlistment including disqualifying drug use in accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program).  The program did not apply to personnel who should have been eliminated under the provisions of Army Regulation 635-200, paragraph 13-5a, for unfitness or chapter 14 for fraudulent enlistment or had demonstrated character and behavior characteristics not compatible with satisfactory continued service.  Individuals discharged under the authority of this message were given an honorable discharge.

9.  Army Regulation 40-501 (Standards of Medical Fitness) provides that Soldiers with current or a history of adjustment disorders or personality disorders are subject to administrative separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his honorable discharge should be changed to a medical discharge because he was treated for an anxiety disorder and he is asking the Army to correct his discharge to medical so he can get the benefits that are due him.  He is suffering from the same condition now as when he was in the Army.  

2.  The available evidence shows the applicant's behavioral problems existed prior to his entry in the Army.  He was diagnosed with adjustment and personality disorders, not an anxiety disorder.  The governing regulation states he was subject to administrative separation.  He clearly did not want to be in the Army.  He clearly stated his intension to do what he wanted when he wanted and how he wanted.  He did not want to be a Solider; in fact, he served only 24 days.
 
3.  His separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reason for separation therefore were appropriate considering all the facts of the case.

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 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)                                         AR20110020185



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000542



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1