MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC9810465

	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	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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 discharge under other than honorable conditions (UOTHC) be upgraded.

APPLICANT STATES:  That at the time he was absent without leave (AWOL) he was suffering from schizophrenia.

COUNSEL CONTENDS:  Counsel makes no contention.

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

He initially enlisted in the U. S. Army Reserve.  He was ordered to initial active duty for training, completed advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).  He completed an enlistment physical examination on 27 December 1990.  On his Report of Medical History he listed his health as “good” and noted he had no nervous trouble of any sort.  He noted that he had attempted suicide at age 10 by overdosing on sleeping pills, but the psychiatric clinical evaluation was normal and he was found qualified for enlistment.  He enlisted in the Regular Army on 14 May 1991.

The VA’s Board of Veterans Appeals documentation (SEE ATTACHED) provides a more comprehensive account of the applicant’s medical history.

The applicant departed AWOL 3 February 1992 and returned to military control on 28 October 1992.

On 6 November 1992, court-martial charges were preferred against the applicant for being AWOL 3 February - 28 October 1992.

On 6 November 1992, after consulting with legal counsel, the applicant voluntarily requested a discharge under the provisions of Chapter 10, Army Regulation 635-200 for the good of the service in lieu of trial by court-martial.  The applicant was advised of the effects of a discharge under other than honorable conditions and that he might be deprived of many or all Army and Veterans Administration benefits.  He elected not to submit a statement in his own behalf.

On 23 November 1992, the appropriate authority approved the request and directed the applicant receive a discharge UOTHC.

On 11 December 1992, the applicant was discharged, with a discharge under other than honorable conditions, in pay grade E-1, under the provisions of Army Regulation 635-200, Chapter 10, discharge in lieu of trial by court-martial.  He had completed a total of 1 year, 2 months and 14 days of creditable active service and had 267 days of lost time. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may, at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Competent military medical authority examined the applicant prior to his enlistment and found no mental illness or mental disorder and qualified him for enlistment.  

3.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  He was afforded an opportunity to submit a statement with his request for separation and did not do so.

4.  There is no evidence that the applicant did not meet medical standards for retention at the time of his separation for any reason.

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