MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           9 February 2000                  
	DOCKET NUMBER:   AR2000035034

	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:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter 		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 request to correct his records by showing that he was separated for physical disability retirement.

APPLICANT STATES: In effect, that a 1 May 1999 letter from his attending physician to the effect that he was mentally ill while on active duty but never processed for disability demonstrates that the requested relief is warranted.     

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 4 February 1987(COPY ATTACHED) in which the Board cited the 3 year limitation.

The letter from the doctor is new evidence that requires Board consideration.

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 doctor’s impression that the applicant was not processed for disability separation, the MOC clearly indicates that the available records show the applicant was processed and that his psychiatric condition was determined to have existed prior to entry into the service and to have not been service aggravated.   

2.  The statute under which the Board was established provides that an application must be filed within 3 years after discovery of the alleged error or injustice.  The Board may excuse a failure to timely file if it is in the interest of justice to do so.  It routinely does so in cases when the evidence shows an error or an injustice has occurred.  In this case the Board determined that the  application was not filed within the time required and that it was not in the interest of justice to excuse the failure to timely file.  Prior to reaching this determination the Board looked at your entire file.

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

___rvo __  ___dsj __  __cjs____  DENY APPLICATION

						Karl F. Schneider
				 Director, Army Review Boards Agency 

	AR2000035034	
		
RECON		
DATE BOARDED	20000209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
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