MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 July 2001                   
	DOCKET NUMBER:   AR2001057206

	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. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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:  That his discharge be changed to a medical discharge.

APPLICANT STATES:  That he was due to get a medical discharge due to schizophrenia but it was cancelled due to racism.  He provides a Veteran’s Application for Compensation or Pension dated 6 October 1992 (which indicates the nature of his disabilities as nervous disorder and post-traumatic stress disorder – he witnessed his buddy’s suicide) and the VA’s response dated        22 October 1992 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s service medical records and discharge packet are not available.

The applicant enlisted in the Regular Army on 8 January 1985.  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).

On 7 October 1987, charges were preferred against the applicant charging      him with being absent without leave (AWOL) from on or about 4 January to on or about 6 January 1986 and from on or about 24 February 1986 to on or about       26 September 1987.  The discharge packet is not available.

On 11 December 1987, the applicant was discharged, with a discharge under other than honorable conditions, in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service.  He had completed   1 year, 3 months and 28 days of creditable active service and had 581 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt.  A discharge under other than honorable conditions is normally considered appropriate.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The applicant has provided no evidence, such as his service medical records which he could probably obtain from his servicing VA medical center, which shows that he had schizophrenia or that it resulted in the misconduct for which he was discharged.  He provides no evidence to show that he was being processed through the Army Physical Disability Evaluation System and the processing was stopped because of racism or for any other reason.

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

__jls___  __mvt___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057206	
SUFFIX		
RECON		
DATE BOARDED	20010724	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.