BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140000645 


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 an upgrade of his general discharge under honorable conditions to an honorable discharge.

2.  The applicant states:

* he was never given an explanation for being discharged early and he has been troubled about this for many years
* he entered the Army as a volunteer on 19 October 1962
* he completed training and also volunteered for Special Forces prior to his discharge
* he never received any type of nonjudicial punishment (NJP) or any type of reprimand from any commander or noncommissioned officer
* he is now in his 70's and would like to resolve the question of his discharge
* he was proud to have been a member of the Army and to have an opportunity to have served his country

3.  The applicant provides:

* self-authored statements
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)



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 19 October 1962.

3.  A psychiatric evaluation, dated 12 August 1963, found the applicant was unsuitable for military service by reason of emotional instability reaction (borderline personality disorder).

4.  On 15 August 1963, his company commander notified him of the proposed action to separate him under the provisions of Army Regulation 635-209 (Personnel Separations – Discharge – Unsuitability) due to diagnosed emotional instability reaction and he recommended the applicant's appearance before a separation board.

5.  On the same date, the applicant acknowledged notification of the separation action.  He declined counsel, a hearing before a board of officers, and to submit a statement in his own behalf.

6.  On 26 August 1963, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-209, paragraph 3b, and directed the issuance of a general discharge.

7.  On 5 September 1963, he was discharged accordingly.  His DD Form 214 shows he completed 10 months and 10 days of creditable active service.  His DD Form 214 also shows he was assigned separation program number (SPN) code 264.

8.  His records are void of any disciplinary or derogatory information.

9.  Army Regulation 635-5 (Separation Documents), appendix A of the version in effect at the time, shows SPN code 264 corresponds to character and behavior disorder.

10.  Army Regulation 635-209, in effect at the time, set forth the policy and prescribed procedures for eliminating enlisted personnel for unsuitability.  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 satisfactory Soldier or the individual's psychiatric or physical condition was such as to not warrant discharge for disability.  Unsuitability included:  (a) inaptitude; (b) character and behavior disorders, disorders of intelligence and transient personality disorders due to acute or special stress; (c) apathy (lack of appropriate interest), defective attitudes, and inability to expend effort constructively; (d) enuresis, (e) chronic alcoholism; and (f) Class III homosexuality (evidenced homosexual tendencies, desires, or interest, but was without overt homosexual acts).  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 an honorable discharge was considered appropriate.  Otherwise, return to duty or referral for separation under the provisions of Army Regulation 635-208 (Personnel Separations – Discharge – Unfitness) was directed.

11.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) 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 upgrade of discharges based on personality disorders.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests an upgrade of his general discharge to an honorable discharge.

2.  His discharge proceedings were conducted in accordance with law and regulations applicable at the time.

3.  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 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.  The applicant's military personnel record confirms the applicant was never court-martialed and never received any NJP during his tenure on active duty.

5.  Since his diagnosis of a borderline personality disorder was made by a physician trained in psychiatry and in accordance with the Brotzman/Nelson Memoranda, it appears it would be appropriate to upgrade the applicant's general discharge to an honorable discharge.

BOARD VOTE:

____X____  ____X____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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. showing the applicant was discharged with honorable service on 
5 September 1963; 

	b.  issuing him an Honorable Discharge Certificate, dated 5 September 1963; and

	c.  issuing him a new DD Form 214 reflecting the above correction.



      __________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)                                         AR20140000645



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140000645



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1