MEMORANDUM OF CONSIDERATION

IN THE CASE OF:      

BOARD DATE:            29 August 2000                  
DOCKET NUMBER:   AR2000040587

	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. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 discharge.

APPLICANT STATES:  In effect, he was suffering from severe mental problems that adversely affected 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 16 February 2000 (COPY ATTACHED).

The applicant submits a statement wherein he avers that he is and was suffering from a bipolar disorder, manic/depressive disorder, schizophrenia and obsessive/compulsive disorder.  He states that he has only recently been afforded these diagnoses.  He submits no supporting documentation of these conditions.

This contention was not previously considered by the Board and constitutes new argument that requires Board review.

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.  There is no evidence in the records to indicate that the applicant was suffering from any mental condition while on active duty.  By his own admission he was only recently diagnosed as suffering from several mental conditions.

2.  In the absence of evidence that at the time of the discharge or of the behavior that led to the discharge, the applicant was so impaired by mental, emotional, psychological or psychiatric problems as to be unable to tell right from wrong and adhere to the right, the current diagnoses do nothing to demonstrate an injustice in the 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

__JDM__  ___RA___  __CG__ _  DENY APPLICATION

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

INDEX

CASE ID	AR2000040587	
SUFFIX		
RECON	 	
DATE BOARDED	20000829 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.	144.9323	
3.		
4.		
5.		
6.