MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 December 1998
	DOCKET NUMBER:   AC98-07765

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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:  That his honorable discharge be changed to a medical discharge.

APPLICANT STATES:  That he was not examined by a psychiatrist at the time of his release from active duty.  In 1973, he was admitted to the Santa Ana Mental Health Center with a diagnosis that he was schizophrenic.  In support of his request, he has provided a copy of a letter from the VA indicating that they are working on his claim but cannot find his medical records.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army for 2 years on 22 December 1972.  He was honorably discharged on 1 May 1973 after completing 4 months and 9 days of service.  The only military training he completed was basic combat training.

On 29 January 1973 the applicant applied for a conscientious objection discharge based upon his pacifist religious beliefs.  As a part of the processing of that request, he was required to undergo a consultation with the military mental hygiene consultation service.  The consultation, conducted by a medical corps captain, who was chief of the mental health service, found that there was no evidence of a psychiatric illness and other than the cultural differences occasioned by his only having been the US for a short time, he had the mental capacity to understand and participate in any action taken in his case.

On 10 April 1973 Headquarters Department of the Army approved his discharge as a conscientious objector and he was discharged on 1 May 1973.

Prior to his discharge the applicant apparently underwent a physical examination. However, a copy of that examination is not in the record.  The record does, however, contain a Statement of Medical Condition, signed by the applicant on   1 May 1973.  This statement indicates that since he had been examined more than 3 days prior to his separation date, he was required to state whether there had been any change in his medical condition; he indicated that there had been no change in his condition.

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.  That although the applicant’s medical records are unavailable, it would appear from the mental health consultation finding made in connection with his discharge, that there was no evidence of psychiatric illness at the time of his release from the service.

2.  Further, while his separation medical examination is not available, the Statement of Medical Condition shows that he apparently underwent such an examination.  From his statement that his medical condition had not changed since the time of his examination, it must be assumed that he had been determined fit for separation or he would not have been released.

3.  Finally, there is no requirement that soldiers routinely undergo examination by a psychiatrist prior to separation unless such a specialized examination is determined necessary by the examining physician.  The available records contain no evidence to indicate that a psychiatric examination was necessary nor has the applicant provided any evidence to suggest such an examination was warranted.

4.  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

__JH____  _FNE____  _TBR___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-07765	
SUFFIX		
RECON		
DATE BOARDED	981209	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	730501	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.	A23.00	
3.		
4.		
5.		
6.