MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 .

	BOARD DATE:             4 August 1999
	DOCKET NUMBER:	AC91-05977B
		AR1999015100

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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 and/or showing he was released with a physical disability.

APPLICANT STATES:  In effect, he was suffering from PTSD at the time he reenlisted that impaired his ability to serve.

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 29 January 1992 (COPY ATTACHED). 

The applicant submits a statement from a Veteran’s Outreach counselor who attests to assisting the applicant with ongoing treatment for his PTSD.  This statement was not available for the Boards review at the time of the prior decision.

Army Regulation 635-40, paragraph 4-1, provides that a member who is under investigation for or charged with an offense for which he could be dismissed or given a punitive discharge may not be referred for disability processing.

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 evidence submitted basically repeats the VA medical finding and opinions as previously submitted.

2.  In the absence of evidence that, at the time of his AWOL, he was so impaired as to be unable to tell right from wrong or to adhere to the right, his contention of PTSD does not mitigate the AWOL and his service was appropriately characterized.

3.  In as much as the applicant had court-martial charges pending he would not have been eligible for physical disability consideration.

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

___FKM_  ___INW__  ___GDP_  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC91-05977B
AR1999015100	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	 19990804	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.	110.00	
2.	108.00	
3.		
4.		
5.		
6.