MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 February 2000
	DOCKET NUMBER:   AR1999028334

6.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decisions.

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		Member	
	Ms. Margaret V. Thompson		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 earlier application to correct his records by upgrading his discharge.

APPLICANT STATES: That his misconduct was caused my mental problems.  He submits some pages from his service medical record and a statement from a psychiatrist to substantiate his contention.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 12 March 1997 (COPY ATTACHED).

The statement from the psychiatrist is new evidence that requires Board consideration.

The psychiatrist notes that the applicant was first seen in 1977, when he was diagnosed with schizophrenia.  The doctor reports that the applicant had shared only part of his military medical records.  The psychiatrist notes the references to reported “telepathic powers” and “certain visual images” and concludes that these might possibly be early symptoms of the applicant’s current mental illness.

The documents provided by the applicant records show that he was repeatedly referred for mental health consultations by the Alcohol and drug Abuse Prevention and Control Program.  Those pages also contain the report of the
16 February 1974 psychiatric evaluation discussed by his current doctor.  The report carries a diagnosis of “Situational Reaction in a paranoid personality, manifested by significant anxiety and depression.”   It contains the references to reported “telepathic powers” and “certain visual images.”   The “telepathic powers” were further described as “feelings” experienced while around “certain individuals.” The applicant was described as recognizing that the “visual images” were “his own fantasies.”  The applicant was psychiatrically cleared for appropriate administrative disposition.  

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.  Notwithstanding the current psychiatric opinion that the record may be evidence of the early onset symptoms of the applicant’s current mental illness, the cited report is clear and convincing evidence that the applicant was mentally competent and that his misconduct was not the result of mental illness.

2.  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.

3.  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

___CLA_  ___JPH__  ___MVT_  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028334	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19741113	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A93.21	
2.		
3.		
4.		
5.		
6.