MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 December 2001                   
	DOCKET NUMBER:   AR2001061302

	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:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Anderson		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 upgrade of his bad conduct discharge.

APPLICANT STATES:  That Army doctors themselves diagnosed him with depression yet never once was he given medication.  He was sick so he went home to Houston, TX.  All he was guilty of was being in the throes of depression and having a hard time adjusting -- anywhere.  He should have been discharged for medical reasons or gotten an administrative discharge for inability to adjust at worst.  He provides two copies of service medical documents that show he had depression and was emotionally unstable; a 22 October 1998 letter from a civilian doctor showing he was being treated for Depressive Disorder, not otherwise specified; and an 8 March 1999 letter from the same civilian doctor.

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 5 June 2001 (AR2001052359).

An undated service medical document, item 40 indicates the physician noted the applicant suffered from depression and nervous(ness).  An undated Report of Medical Examination, SF 88, item 74 notes the applicant suffered from emotional instability.  

The 22 October 1998 letter from the applicant’s doctor notes that the applicant has a lengthy psychiatric history, including treatment for depression in 1988 and 1994, failures with numerous medications.

The Diagnostic and Statistical Manual of Mental Disorders, fourth edition      (DSM-IV) states the essential feature of Major Depressive Disorder is a clinical course that is characterized by one or more Major Depressive Episodes.  It states the essential feature of a Major Depressive Episode is a period of at least 2 weeks during which there is either depressed mood or the loss of interest or pleasure in nearly all activities.  The mood in a Major Depressive Episode is often described by the person as depressed, sad, hopeless, discouraged, or “down in the dumps.”  Nowhere in DSM-IV is being unable to distinguish right from wrong and being able to adhere to the right mentioned as a condition of Major Depressive Disorder.

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.  The Board acknowledges that the applicant now is being treated for depression and may have suffered from depression while he was in the Army.  However, he was in the Army for more than one month before he departed absent without leave (AWOL) for the first time and should have known by that time that the Army considered AWOL to be misconduct.  He provides no evidence to show that any depression he may have suffered from caused him to be unaware that it was a breach of Army discipline for him to go AWOL.  In fact, the inability to distinguish right from wrong is not one of the attributes of depression.

2.  There is no evidence to show that if the applicant did suffer from depression while he was in the service that his depression would have required treatment or that any treatment would have been any more successful than his later treatments were.  

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

__jhl___  __mkp___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061302	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19670320	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.