MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 May 2002                  
	DOCKET NUMBER:   AR2001062963

	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. Carl W. S. Chun		Director	
	Mr. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Paula Mokulis		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:  That his date of discharge be changed to 29 January 1999.  He also requests reconsideration of his application for a physical disability retirement.

APPLICANT STATES:  In effect, by letting him reenlist three months early in 1991, the Army precluded him from completing his medical evaluations, which barred him from obtaining a physical disability retirement.  He contends that it was an error and an injustice for the Army to have allowed him to reenlist early and that his delayed entry program (DEP) time was taken away from him.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records that were summarized in the decisional documents prepared to reflect the Board's previous considerations of the case (AR1999034576, AR2000046981) on 3 February 2000 and 12 December 2000.

The applicant submission is new argument that requires Board consideration.

As noted previously, the applicant enlisted in the Army Reserves on 24 October 1979 with a 3 month and 5 day DEP.  He entered active duty on 29 January 1980 and was released from active duty to the Reserve on 28 January 1983.  He completed his original 6-year Reserve obligation and reenlisted on 29 January 1986 for 6 additional years.  At his election, he reenlisted 3 months early on 30 October 1991, again for 6 years.  The applicant was granted a 1-year extension in October 1997 to complete a fitness for duty evaluation.  

On 23 December 1997, the applicant was notified that he had been found medically unfit for military service by reason of schizophrenia.  The applicant's record indicates that he repeatedly missed medical and specialty testing appointments.  As he was not adhering to his treatment regimen he was discharged at the expiration of the 1-year extension on 30 October 1998.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

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 indication that the applicant's 3 months and 5 days under the DEP was affected in any way by any subsequent reenlistment.  All of his reenlistment documents list this time in the appropriate location. 

2.  The applicant's reenlistment in 1991 was neither in error nor does it create an injustice.  The applicant's voluntary election to reenlist early did not impact his medical processing as he had been granted an extension to complete the process.  His 3-month DEP and his early reenlistment had no bearing on his disability processing, which was terminated because he was not reporting properly for care and evaluation.

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

_RVO___  __JPI____  ___PM__  DENY APPLICATION

	Carl W. S. Chun
	Director, Army Board for Correction
	of Military Records

INDEX

CASE ID	AR2001062963	
SUFFIX		
RECON		
DATE BOARDED	20020530	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.