MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	

	BOARD DATE:                              
	DOCKET NUMBER:	AC97-09516A
		AR1999022390

	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:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		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 avers that he should not have been allowed to enter service as he was on methadone at the time he entered service and that this impaired his ability to serve.

NEW EVIDENCE OR INFORMATION:  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 28 January 1998 (COPY ATTACHED). 

The applicant submits new argument in his contention that he was on medication and should not have been allowed to enter service and that this impaired his ability to serve.  This argument has not previously been considered by the Board hence warrants review.

As noted in the original review the applicant underwent a mental and physical status evaluation at the time of his proposed discharge.  This evaluation did not reveal any condition that would have impaired the applicant’s ability to serve.

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 applicant’s entrance physical and service medical records are silent for any indication that he was or had used of methadone.

2.  In the absence of evidence that, at the time of the commission of the offences which lead to his discharge, he was so impaired as to be unable to tell right from wrong or to adhere to the right does not demonstrate an error or inequity in the decision.

3.  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.

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

__EB__ _  __RJW__  __JPS_ __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC97-09516A
AR1999022390	
SUFFIX		
RECON	 	
DATE BOARDED	 19990609	
TYPE OF DISCHARGE	  	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.		
2.		
3.		
4.		
5.		
6.