BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120004034 


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, under honorable conditions discharge be upgraded to honorable.  

2.  The applicant states he served as long as he could.  He contends that he did not do anything wrong and that he was suffering from an intestinal disease.  

3.  The applicant provides a General Discharge Certificate. 

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 10 September 1954 in the rank and grade of private/E-1.

3.  On 20 December 1954, the applicant was referred to a medical and/or psychiatric evaluation because of continuous, severe headaches.  The staff psychiatrist stated the applicant had headaches which were emotionally determined due to his inability to express or experience anger which was a prototype of a passive-aggressive disorder.  

4.  On 8 January 1955, the applicant's first sergeant provided a statement in which he indicated he had been on sick call almost every day.  On 10 January 1955, his commander provided a statement stating the applicant had not performed his duties satisfactorily since arriving to the company.  The applicant was not well adjusted to military life and he had been on sick call constantly and he seemed preoccupied with himself.  

5.  On 10 January 1955, he underwent a medical evaluation and he was diagnosed with character behavior disorder; inadequate personality, chronic, severe.  The evaluating physician recommended that no further attempt at rehabilitation be made.  The attending physician also recommended the applicant's separation from the service under the provisions of Army Regulation 615-369.

6.  The applicant's DD Form 230 (Service Record) shows he was promoted to the rank and grade of private/E-2 on 10 January 1955.

7.  On 25 January 1955, the applicant's commander referred him to an administrative separation board based on the medical personnel recommendations.  In his recommendation, the commander indicated the applicant did not have a record of absent without leave (AWOL), company punishment, or trial by court-martial.  

8.  On 2 February 1955, he underwent another medical evaluation and he was again diagnosed with inadequate personality, chronic, severe.  The attending physician stated the applicant was unfit for all duties and that the condition was considered to be permanent.  

9.  On 10 February 1955, the administrative separation board convened and found the applicant unsuitable for further military service because of lack of physical stamina and disruptive reactions to acute or special stress.  

10.  On 14 February 1955, the separation authority approved the board recommendations and directed the applicant's discharge from the service.

11.  The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was discharged on 24 February 1955 under the provisions of Army Regulation 615-369 by reason of unsuitability with his service characterized as general, under honorable conditions.  He completed 5 months and 14 days of active duty service.  

12.  There is no evidence showing he applied to the Army Discharge Review Board for an upgrade of his discharge.  

13.  Army Regulation 615-369, then in effect, provided the policy and procedures for the administrative separation of enlisted personnel for inaptitude, unsuitability or enuresis.  Lack of adaptability could be caused by insufficient physical stamina, transient personality reactions, or character and behavior disorders such as schizoid paranoid, cyclothymic, inadequate and immature personalities.  The regulation could not be applied to persons who had any disqualifying mental or physical defect.

14.  Army Regulation 635-200 governs the policies and procedures for the separation of enlisted personnel.  This regulation was revised on 1 December 1976 following settlement of a civil suit.  Thereafter, the type of discharge and the character of service were to be determined solely by the individual's military record during the current enlistment. Further, any separation for unsuitability based on personality disorder must include a diagnosis of a personality disorder made by a physician trained in psychiatry.  In connection with these changes, a Department of the Army memorandum, dated 14 January 1977, and better known as the Brotzman Memorandum, was promulgated.  It required retroactive application of revised policies, attitudes, and changes in reviewing applications for the upgrade of discharges based on personality disorders.

15.  A second memorandum, dated 8 February 1978, and better known as the Nelson Memorandum, expanded the review policy and specified that the presence of a personality disorder diagnosis would justify upgrade of a discharge to fully honorable except in cases where there are "clear and demonstrable reasons" why a fully honorable discharge should not be given.  A conviction by general court-martial or by more than one special court-martial was determined to be "clear and demonstrable reasons" which would justify a less than fully honorable discharge.

16.  Army Regulation 635-200, paragraph 3-7a, states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his general, under honorable conditions discharge has been carefully considered.  

2.  The evidence shows his separation processing was conducted in accordance with law and regulations applicable at the time.

3.  The evidence also shows he was diagnosed with a personality disorder.  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.  Therefore, his application was reviewed using the revised criteria of Army Regulation 635-200.

4.  The Nelson Memorandum specified that the presence of a personality disorder diagnosis would justify the upgrade of a discharge to fully honorable except in cases where there are "clear and demonstrable reasons" that a fully honorable discharge should not be granted.

5.  Based on the fact that there is no evidence of misconduct in his military records, it would be appropriate to upgrade his discharge to fully honorable based on his personality disorder and the absence of substantial instances of indiscipline.  

BOARD VOTE:

___x__  ____x____  ___x_____  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:

	a.  voiding the general discharge now held by the applicant;

	b.  showing he was discharged from the service with an honorable character of service on 24 February 1955;

	c.  issuing him an Honorable Discharge Certificate from the Regular Army dated 24 February 1955; and

	d.  issuing him a new DD Form 214 reflecting the above corrections.




      _______ _  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)                                         AR20120004034



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ABCMR Record of Proceedings (cont)                                         AR20120004034



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