MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 August 1999
	DOCKET NUMBER:   AC97-05313
				   AR1999014685

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. John P. Infante		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 his earlier application to correct his records by upgrading his discharge. 

APPLICANT STATES:  That he should not have been drafted because of low intelligence and poor intellectual ability.  He submits documentation about mental testing to substantiate his case. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memoranda prepared to reflect the Board's previous considerations of the case on 21 January 1998 (COPY ATTACHED).

The applicant’s submissions comprise new evidence. which requires Board consideration.

The applicant underwent a May 1997 psychiatric evaluation and psychometric testing that indicates his IQ is in the 68 to 78 range which is lower than the mean.  The report states “[Applicant’s] comprehension score is significantly lower than his average verbal ability.  This suggests relatively poor ability to size up practical or social situations that require common sense reasoning.  Such scores indicate limited experience with mainstream culture and, possibly, unconventional social values. significant high scores  for clinical personality patters for depressiveanti-socialaggressive (sadistic)passive aggressiveself defeating”  The report concluded that the evaluation suggested diagnoses of major depression with psychotic features, passive aggressive personality disorder and adult anti-social  behavior.  It noted that the scores indicated that there probably had been a  tendency to deprecate himself when in the Army by presenting a more troublesome personality.  

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 the absence of evidence that at the time of the discharge or the behavior that led to the discharge the applicant was so impaired by psychiatric, psychological, emotional or mental problems that he could not tell right from wrong  and adhere to the right applicant’s contentions does not demonstrate an injustice in the discharge.  

2.  The applicant demonstrated a capacity for honorable service by completion of training and approximately 13 months of service without an offense of record. 

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

__JHK__  __WTM___  ___JPI__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC97-05313A
AR1999014635	
SUFFIX		
RECON		
DATE BOARDED	19990811	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.