MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 November 1999   
	DOCKET NUMBER:   AR1998012298

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	     advisory opinion, if any)

APPLICANT REQUESTS:  Reconsideration of his request for upgrade of his undesirable discharge (UD) to a general discharge (GD).

APPLICANT STATES:  In essence, that he served in Vietnam; that he received the Purple Heart, Air Medal, and Combat Infantryman Badge; that he received an honorable discharge; and that the UD he received from his second period of service was the result of Post Traumatic Stress Disorder (PTSD).

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 30 September 1998 (COPY ATTACHED).

New evidence available to the Board consists of a 25 November 1998 letter from the applicant to which he attached a 2 January 1998 letter from the department of Veterans Affairs (VA) showing that he receives compensation for a service-connected disability rated at 100 percent, permanent and total.  He also encloses a 7 August 1996 letter from the Army Council of Review Boards, and two letters from the Chief, Army Review Boards Agency Support Division-St. Louis, dated 3 February 1998 and 28 September 1998.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was honorably discharged for his service from 31 May 1966 to 3 May 1969, did not demonstrate that he had any type of disabling medical or emotional condition, and was cleared for discharge.  Almost 1 year later, he reenlisted in the Regular Army and was found to be medically qualified for enlistment.  When he received his UD on 18 June 1971, he was also found to be mentally and physically fit for separation.

2.  The fact that the VA, in its discretion, has awarded the applicant a disability rating nearly 30 years after the completion of his military service is a prerogative exercised within the policies of that agency.  It does not establish that the applicant was physically or mentally unfit during his military service.

3.  Failing evidence that the applicant was suffering from a mental or emotional defect so severe that he could not tell right from wrong and adhere to the right at the time of his UD, the VA’s disability rating does nothing to demonstrate an injustice in the discharge process.  The board rejects the implication that the applicant’s misconduct was the result of PTSD.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC1998012298	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19710618	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.