MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 November 1999                   
	DOCKET NUMBER:   AR1999032653

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Orville W. Troesch, Jr.		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:  In effect, reconsideration of his request for correction of the narrative reason for discharge shown on his DD Form 214.

APPLICANT STATES:  That the narrative reason as shown, Unsuitability – Personality Disorder, is unjust.  It is keeping him from getting him good jobs, government contracts and promotions.  He provides as evidence a psychological evaluation dated 1 July 1999 as supporting evidence

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 4 December 1996 (COPY ATTACHED).

The applicant was psychologically evaluated on 1 July 1999.  The examining psychologist found he did not appear to be significantly anxious or depressed.  No evidence was found to suggest the presence of a psychotic disorder such as schizophrenia.  His responses on the MMPI-2 provided evidence of the current absence of any psychotic symptoms.  He seemed to be free of mental defect/disorder.  His responses indicated he tended to be a conforming individual who shows respect for the rights of others, is able to comply with authority, and has a low likelihood of involvement in any anti-social behavior.  His profile reinforces that he currently is emotionally stable and certainly unlikely to infringe upon the rights of others.  

Army Regulation 40-501 governs medical fitness standards for enlistment, retention and separation.  In pertinent part, it states that disorders with psychotic features, mood disorders, neurotic disorders or organic mental disorders may be causes for referral to a Medical Evaluation Board.  Personality and adjustment disorders may render an individual administratively unfit and will be dealt with through appropriate administrative channels.

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 the aforementioned requirement.

2.  The new evidence provided by the applicant indicated there is currently no presence of a psychotic disorder such as schizophrenia, there is an absence of any psychotic symptoms and he seems to be free of mental defect/disorder.  Such was also the case while he was in the military.  He was not found to have a psychotic disorder or not to be free of a mental defect or disorder.
3.  The applicant was found by the military to have a personality disorder.  While
the new evidence provided indicates he currently shows respect for the rights of others, is able to comply with authority, and has a low likelihood of involvement in any anti-social behavior, this is in contradiction to his behavior in the military, where he received judicial or non-judicial punishment for offenses such as being disrespectful in language towards a superior, assault, and damage to property. 

4.  The Board concludes that while the applicant may currently be free of a personality disorder, such was not the case while he was in the military and he was appropriately discharged for a reason of personality disorder.

5.  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.

6.  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

__sac___  __gdp___  __owt___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999032653	
SUFFIX		
RECON		
DATE BOARDED	19991123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.