MEMORANDUM OF CONSIDERATION

IN THE CASE OF:      

BOARD DATE:           2 March 2000                  
DOCKET NUMBER:   AR1999033426

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Edwin S. Castle		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Kathleen A. Newman		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 application to correct his records by upgrading his under other than honorable conditions discharge.

APPLICANT STATES:  In effect, that he was suffering from a medical condition which was not taken into account at the time of his discharge.

COUNSEL STATES:  In effect, that in light of the applicant’s diagnoses of bipolar affective disorder and major depressive disorder a favorable review is warranted.

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 28 March 1990 (COPY ATTACHED).

The applicant submits copies of a 1992 Stress Audit Report and three reports of hospitalizations at the Levi Hospital in 1996 and 1997.  These reports indicate that the applicant was suffering from the effects of alcohol abuse and a depressive disorder.  It also indicated that he had a history of a bipolar disorder and mild mental retardation.  These documents were not available to the Board previously and constitute new evidence that requires Board review.

The applicant’s records include a copy of his discharge examination and a mental health examination.  These examinations found that the applicant's behavior was normal.  He was fully alert and oriented and displayed an unremarkable mood.  His thinking was clear, his thought content normal and his memory good.  There was no significant mental illness.  The applicant was mentally responsible.  He was able to distinguish right from wrong and to adhere to the right.

Army Regulation 635-40 (Physical Evaluation for Retention or Separation) provides in paragraph 4-3 that an enlisted soldier on whom elimination action that might result in a discharge under other than honorable conditions has been started may not be processed for physical disability processing.  Such a case is to be referred to the officer exercising general court-martial jurisdiction.  The general court-martial convening authority (GCMA) may authorize physical disability processing based only on finding that the disability is the cause or a substantial contributing cause of the misconduct or when specific circumstances warrant disability rather than administrative separation.   This authority may not be delegated.  A copy of the determination must be entered into the case file when it is forwarded.

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 no evidence that the applicant was suffering from any physical, mental, emotional, psychological or psychiatric problem during his period of service which impaired his ability to serve.

2.  Failing evidence that the applicant was suffering from a mental or emotional defect so severe that he could not tell right from wrong and adhere to the right, the mental impairment issue does nothing to demonstrate an injustice in the discharge.

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

__ESC__  ___SK___  ________  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033426	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000302	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19780912	
DISCHARGE AUTHORITY	AR 635-200, para 14-33B	
DISCHARGE REASON	A64.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A64.00	
2.	A67.05	
3.	A93.19	
4.	A93.21	
5.	A93.23	
6.