MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            16 December 1999                  
	DOCKET NUMBER:    AR1999025436

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchannon		Member	
	Mr. Mark D. Manning		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:  In effect, that the narrative reason for his discharge be corrected to a reason which would entitle him to VA benefits.

APPLICANT STATES:  That his mental condition was caused by his military service.  However, he is unable to receive VA medical care because the Army unjustly listed his condition as having existed prior to his entry on active duty.

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

He enlisted in the Regular Marine Corps on 23 September 1977 and while a trainee, was issued a General Discharge Certificate on 22 November 1977.  While the reason for his discharge is not available, he was given a reentry code of RE-4, which denotes a soldier who has a nonwaivable disqualification to reenlist.

On 13 May 1980 the applicant enlisted in the Regular Army in a different name and Social Security Account Number (SSAN).  At that time he denied ever having any prior military service.

On 3 October 1980 the applicant was hospitalized with a diagnosis of paranoid schizophrenia.  He described his relationship with his mother as “incest, violence and mayhem” and recounted how when he was a child his mother would make him leave the house to watch people beat him up, and would then beat him with an ironing cord.  He claimed to have winessed a murder when he was 13 years old and stated that he was hospitalized after that event.  He chronicled how he had been kicked out of a military school because he started a race riot, and was expelled from a college for using drugs and pornography.

A medical board was then convened which determined that the applicant was medically disqualified.  The applicant was notified of this finding and of the MEB’s determination that his condition existed prior to his entry on active duty.  At that time the applicant waived consideration of his case by a Physical Evaluation Board and requested immediate discharge under the Expeditious Discharge Program (EDP).  That request was approved and he was honorably discharged on 28 November 1980.  The narrative reason for his separation was “Physical Disability – EPTS – Medical Board.”

Army Regulation 635-40 provides guidance and policies for physical evaluation for retention, retirement and separation.  Chapter 5 provides for separation of personnel due to conditions that existed prior to enlistment, were not aggravated by the period of service and for which the individual waived evaluation by a PEB.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1.  During the applicant’s medical board he recounted a history of behavior problems and medical treatment which clearly showed that his schizophrenia existed well before his enlistment in the Regular Army.  As such, the finding that his condition existed prior to service was well founded.

2.  If the applicant believed that his schizoprenia was caused by military service, he logically would have not waived a PEB.  

3.  It is also noted that the applicant fraudulently enlisted in the Army by concealing his prior service in the Regular Marine Corps, service which would have precluded his enlistment in the Army.

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

__tnk____  _eb ____  _mdm ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025436	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991215	
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.	108.05	
2.		
3.		
4.		
5.		
6.