MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           16 May 2000                  
DOCKET NUMBER:   AR2000035160

	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. Carl W. S. Chun		Director	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 application to correct his records by upgrading his dishonorable discharge and granting him medical separation or retirement.

APPLICANT STATES:  In effect, that he should never have been allowed to attend jump school due to his congenital back condition and that participation in this training resulted in an aggravation of this condition.  He states that he should receive medical separation or retirement.

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 17 August 1977 (COPY ATTACHED).

The applicant submits a 1997 medical report showing sclerotic changes to his spine and a statement from his private doctor stating that the applicant was born with significant sclerosis.  

These documents were not available to the Board previously and constitute new evidence that requires Board review.

The applicant’s record shows that a general court-martial found him guilty of being AWOL on three occasions, disobeying a lawful order from an officer, disrespectful language toward a captain, communicating a threat toward a lieutenant and lifting a weapon against a lieutenant.  At the time of his discharge there were no indications of any physical disabilities.  He was dishonorably discharged for 17 April 1972.  

The applicant’s shows that he has requested an upgrade or change of his discharge on six prior occasions without relief.  The prior request for a medical discharge was based upon a diagnosis of schizophrenia.

Army Regulation 635-40, paragraphs 4-2 provides that a soldier may not be referred for, or continue disability processing if under sentence of dismissal or punitive discharge.

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.  A review of the applicant’s prior submissions shows that this is the first time that any concerns or complaints of any back problems are raised.  There is no indication in his service medical records of a complaint for back problems.
2.  The applicant has submitted no evidence that at the time of his general court-martial he was suffering from either schizophrenia or back problems.  Furthermore, even if there were a record of complaints or an indication of a physical disability processing, the applicant was not eligible for such processing due to his processing punitive discharge.

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

__AAO__  __VBC__  ___LE ___  DENY APPLICATION

   Carl W. S. Chun
    Director, Army Board for Correction 
      of Military Records

INDEX

CASE ID	AR2000035160	
SUFFIX		
RECON	  	
DATE BOARDED	20000516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.	108.01	
3.		
4.		
5.		
6.