MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 February 1999                 
	DOCKET NUMBER:   AC89-05619A
				   AR1999014689

	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. Thomas N. Kuhn 		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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 the previous application to grant his ancestor an honorable discharge as a Civil War veteran.

APPLICANT STATES: That, after being wounded, the soldier was physically unable to return  to duty and obtained permission from the surgeon to stay away.    

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 the case on 19 July 1989 (COPY ATTACHED).

He submits a copy of a 5 February 1912 letter from The Adjutant General to the effect that no evidence had been presented to establish that the soldier had been unable to report.  He also submits a copy of a register of sick and wounded and a August 1864 hospital list showing the subject’s name.  He also submits an October 1887 disability and a medical affidavit from the doctor who examined him at that time.

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 historical documents submitted fail to show that the soldier was physically unable to report at the end of his medical furlough.  

2.  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.

3.  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

___TNK_   ___JPI__  ___JPS_ _  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC89-05619A
AR1999014689	
SUFFIX		
RECON		
DATE BOARDED	19990218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	101.01	
2.		
3.		
4.		
5.		
6.