MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            18 August 1999                  
	DOCKET NUMBER:   AR1999021880

	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. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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 be changed to medical.

APPLICANT STATES:  His doctor believes he should have a medical discharge. He has been finding more and more evidence that soldiers received nerve gas and other shots in Saudi Arabia, and he has tried ever since he got out to show his depression.  He submits a request (DD FORM 293) to the Army Discharge Review Board (ADRB) to support his request for changing the reason for his discharge to medical.  He also submits a letter from the Department of Veterans Affairs (DVA), dated 25 September 1998, in support of his application.

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

The applicant received a UOTHC (Under Other Than Honorable Conditions) discharge in pay grade E-1, on 8 September 1993.  He had a total of 10 years of active duty at the time.  He requested and received approval for the discharge under the authority of Army Regulation 635-200, chapter 10, for the good of the service, in lieu of court-martial.  He was charged with several specifications of misconduct, including attempted rape of a married woman not his wife.  The authorized punishment for this crime included a punitive discharge.  He admitted guilt and received due process.

While in the service he served in Saudi Arabia from 30 October 1990 to 
8 October 1991 and in Panama from 23 February 1992 to 3 September 1993.

His final separation physical is not in his official records and he has not provided evidence to show disability incurred or aggravated by military service.

The letter from the DVA, dated 25 September 1998, show denial of his claim for service compensation for depression.  It also shows he has been offered free medical care for any service-connected disability he may have, and that he must apply for such at a DVA center or clinic.

On 12 December 1997 he was advised by the ADRB that his request for an upgrade of his discharge was denied.  He was also advised the decision was based upon a records review as he requested, and that he may reapply to the ADRB for a personal appearance or to the Army Board for Correction of Military Records.

Under pertinent regulations, it is shown the ADRB has no authority to change a discharge to a medical discharge.  The DD Form 293, dated 15 October 1998, submitted with his request has been filed without action.

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.

Army Regulation 635-40 provides that a member who is charged with an offense for which he could be dismissed or given a punitive discharge may not be referred for disability processing.  It also provides that such a case may be referred for disability processing only if an officer exercising appropriate court-martial jurisdiction dismisses the charge(s) or refers it for trial to a court-martial which cannot adjudge such a sentence.

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.  Regulations clearly show that a member who is charged with misconduct, as in this case, an offense for which he could be dismissed or given a punitive discharge, may not be referred for disability processing.  It is also clear the applicant was charged with misconduct, for crimes for which he could have been given a punitive discharge.  He was given due process at the time, and he requested discharge in lieu of the court-martial, and he was not eligible or entitled to medical processing or to a medical discharge.

3.  The applicant has also not provided evidence to show a disability incurred or aggravated by military service, or that interrupted his service, and he is otherwise not entitled to consideration to have his discharge changed to medical.

4.  His contentions are noted, however, they are not sufficiently supported by his records or the evidence of record to convince the Board he should receive a medical discharge.

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

rvo______ ew______  svw_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021880	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 August 18	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	136.00	
2.		
3.		
4.		
5.		
6.