MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	

	BOARD DATE:            26 May 1999
	DOCKET NUMBER:	AC87-01781B
		AR1999014981

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		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 previous application to correct his records by upgrading his discharge.

APPLICANT STATES:  In effect, that he was suffering from a psychological condition that impaired his ability to serve.  He also contends that he is a victim of medical negligence and infers that the medical treatment he received was the causative or aggravating factor in the development of his psychological condition (schizophrenia).  He further contends that the statements, which he made that lead to his discharge, were made under the influence of alcohol and out of character for him.  He contends that they should not have been used against him.

NEW EVIDENCE OR INFORMATION:  The applicant’s case is reopened in accordance with the Army Board for Correction of Military Records Reconsideration Project (ABCMR-RP) criteria.  The applicant’s previous request was administratively closed.  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 9 November 1988 (COPY ATTACHED). 

The applicant’s 1994 submission contained both evidence not previously seen by the Board as well as a new rational set forth by the applicant for granting relief, hence warranting Board review at that time.  This documentation is resubmitted in concert with this request.

The applicant submits a personal statement outlining his personal history from a period prior to entry onto active duty through a period shortly after his resignation.  He includes copies of seven character reference letters, an excerpt from a Physician’s Desk Reference on Motrin, five pages of military medical records, a letter from a private mental health facility that indicated his receipt of treatment, March 1987 through August 1993, for schizophrenia and four pages from his military personal file.

The Manual for Courts-Martial states that voluntary intoxication not amounting to legal insanity, whether caused by alcohol or drugs, is not an excuse for an offense committed while in that 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.  There is no evidence in the available records, including that submitted by the applicant, which would indicate that the applicant complained of, suffered from, or was treated by medical personnel for any psychological condition of any type while he was serving on active duty; that he was unable to distinguish right from wrong; or that he was unable to adhere to the right.  By the applicant’s own statement he was not diagnosed as suffering from a mental illness until 1986, three years after his release from service.

2.  The applicant has submitted no evidence to show that he was improperly treated or that he did not commit the offences that lead to his discharge. 

3. Further, in indication that intoxication is a legally inadequate defense, both in the military and in society as a whole, is demonstrated by the fact that drunk drivers are held legally responsible for the results of their behavior even though they are shown to be alcoholic.

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

__MDM__  ___AAO_  __BJE_ _  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC87-01781B
AR1999014981	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES        1.	189	
2.	410	
3.	558	
4.	562	
5.	812	
6.