MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:          11 September 2003
	DOCKET NUMBER:  AR2003083696

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. John T. Meixell		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 under other than honorable conditions (UOTHC) discharge to general or honorable.

APPLICANT STATES:  That he was in special education classes as a student and that he had/has mental health problems which affected his military service.

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 14 February 2002 (AR2001064939).

The applicant provides a 2-page letter, date 25 September 2002, relating that he was a "special ed" student in school; that his mother was afraid for him to enter the Army; that, as a child, he had been knocked unconscious by a 36-year old man; that he was in a head-on automobile accident and struck the windshield with his head; that his brother's death caused him pain and he began hearing voices; and that all of these things have caused him to realize that mental and emotional problems were the cause of his problems in the Army.  In support of his application, he also provides copies of:  A Department of Veterans Affairs (DVA) Unit Dose Action Profile, dated 27 April 2000; a DA Form 4700 (Medical Record - Supplemental Medical Data), dated 29 March 1980, showing that he incurred a mouth injury from a head-on collision; a schematic of the human brain; and a 2 March 1999 letter from a doctor supporting the applicant's attempt to obtain food stamps.

The applicant's contentions constitute new arguments which require consideration by the Board.

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 applicant was qualified for enlistment in the Army.  He enlisted and served 10 years, rising to the rank of sergeant (SGT/E-5) and winning a recommendation for promotion to staff sergeant (SSG/E-6).  He proved that he was physically and mentally capable of successfully serving in the Army.

2.  The applicant's latest submissions do not refute the presumption that he was fully capable of performing his military duties in an acceptable manner.  His submissions do not prove that he was or is mentally deficient.

3.  The applicant's discharge proceedings under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial, were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service and the offense with which he was charged.

4.  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.

5.  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

__sk____  __cjp___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083696	
SUFFIX		
RECON		
DATE BOARDED	20030911	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19880826	
DISCHARGE AUTHORITY	AR 635-200 C10	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.