MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:      4 November 1998      
	DOCKET NUMBER:   AC98-10734

	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	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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 records be corrected to show he was discharged in the pay grade of E-4.

APPLICANT STATES:  That in 1996 he was diagnosed with schizophrenia by the Piedmont Psychiatric Center; and that when he received an Article 15 for disobeying a lawful order he was suffering from untreated schizophrenia.

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

On 27 February 1979, he enlisted in the Regular Army for a period of 3 years, in the pay grade E-3.

On 12 January 1981, he was promoted to the pay grade of E-4.

On 9 February 1982, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniformed Code of Military Justice (UCMJ) for 
disobeying a lawful order from the superior noncommissioned officer, to leave formation.  His punishment was reduction to pay grade E-3. 

On 23 February 1982, the applicant was released from active duty, under the provisions of Army Regulation 635-200, chapter 5, with an honorable discharge. His Report of Separation indicates he had 2 years, 11 months and 27 days of creditable service.

On 24 February 1982, the applicant reenlisted in the Army Reserve, and continued his reenlistments until his final separation on 24 September 1987.

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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  There is no evidence in the available records, nor has the applicant provided documentation to substantiate his claim that at the time he received the Article 15, he was suffering from untreated schizophrenia.

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

__JEV___  ___LLS__  __TNK__  DENY APPLICATION

						Loren G. Harrell
						Director