MEMORANDUM OF CONSIDERATION

	IN THE CASE OF 

	BOARD DATE:           31 March 1999                   
	DOCKET NUMBER:   AC87-08758B
				   AR1999014801

	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. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		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 response to the Board’s Reconsideration Project, reconsideration of his previous applications to correct his records by upgrading his discharge.

APPLICANT STATES:   In effect, that the bad discharge hampers his job opportunities.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in memoranda prepared to reflect the Board's previous considerations of his case on 13 July 1983 and 16 August 1989                              (COPIES ATTACHED).

He previously submitted 1994 mental health records that reflect a long history of legal, substance abuse and mental health problems.  They note that, at that time, the last time he had been in jail was for stealing a car.  The mental health records are accepted as an implied argument that the applicant’s capacity for military service was impaired by mental problems.

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 Board notes that a 13 February 1976 Mental Status Evaluation found the applicant able to distinguish right from wrong and to adhere to the right.  Absent evidence that at the time of the discharge or of the behavior that led to the discharge the applicant was so impaired by psychiatric, or emotional problems that he could not both distinguish right from wrong and to adhere to the right or that he could not participate in his own defense the mental health issue does nothing to demonstrate an error in the discharge.  

2.  The Board also notes that the civilian justice system appears to hold him legally responsible despite whatever mental problems he may have.  

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

__CWB_  ___JHK__  ___WTM_  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC87-08758B
AR1999014801	
SUFFIX		
RECON		
DATE BOARDED	19990331	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19760305	
DISCHARGE AUTHORITY	AR 635-200, chapter 10  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A93.23	
2.		
3.		
4.		
5.		
6.