MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           16 November 2000                   
	DOCKET NUMBER:   AR2000043738

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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 request for an upgrade of his discharge; a change to his separation code, reenlistment code and narrative        reason for separation; and a change to items 18 and 29 on his Certificate of Release or Discharge from Active Duty, DD Form 214.

APPLICANT STATES:  In effect, that his head trauma was service connected, it happened immediately before he went absent without leave (AWOL), and it gave him emotional problems that he has today.  He was hazed in 1981 and no actions were taken until he contacted his Congressman.

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 22 July 1999 (docket number AR1999020804) and the Board’s reconsideration of his case on 31 May 2000 (docket number AR2000035207).

The submission contains new evidence that requires Board consideration.

A 5 September 1984 letter from the Veterans Administration acknowledging that he applied for compensation based upon military service and requesting he furnish additional evidence.  (Evidence provided with his first request for reconsideration included the VA rating decision granting him service connection for treatment purposes for post-traumatic stress disorder and residuals of a head injury.)

A 13 March 2000 letter from the Social Security Administration, Retirement, Survivors and Disability Insurance, informing the applicant that his checks would go to the financial institution he selected.

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 still no evidence to show that at the time of the applicant’s discharge, or the behavior that led to his discharge, he was so impaired by mental, emotional, psychological or psychiatric problems that he could not tell right from wrong and adhere to the right.  

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 decisions.

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

__wtm___  __jea___  __mes___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043738	
SUFFIX		
RECON		
DATE BOARDED	20001116	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19840719	
DISCHARGE AUTHORITY	AR 635-200, ch 10. . . . .  	
DISCHARGE REASON	A70.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.