MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 20 January l999
DOCKET NUMBER: AC97-07261A
AR1998013770
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.
M
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 previous application to correct his records by upgrading his discharge to under general conditions.
APPLICANT STATES: In effect, that he had a nervous breakdown in January of 1967 which he avers affected his ability to perform his duties. He states that he has suffered for thirty years as a result of his bad discharge and warrants a favorable consideration.
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 15 April 1998 .
The applicants request contains the new issue of a mental impairment for consideration as a mitigating factor of his misconduct. He submits no additional evidence or explanation for this consideration.
On 7 December 1967 the applicant was afforded a psychiatric evaluation which diagnosed him as having emotional instability, chronic, moderate, manifested by excitability and ineffectiveness in the face of minor stress It was determined that the condition existed prior to service (EPTS) and there was no indication of service aggravation. The psychiatrist opined that the applicant was not a viable candidate for rehabilitation. He recommended administrative separation under Army Regulation 635-212, unfitness.
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 applicant has provided no evidence that he suffered a nervous breakdown in January of 1967. The medical records and psychiatric evaluation undertaken at the time of his release from service denote a long standing character and behavior disorder as the applicants underlying problem.
2. In the absence of evidence that, at the time of his repeated periods of AWOL, he was so impaired as to be unable to tell right from wrong or to adhere to the right, his contention of a nervous breakdown is not substantiated and does not mitigate the repeated AWOL. His service was appropriately characterized.
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
__JH____ ___RWG_ ___DSJ__ DENY APPLICATION
Loren G. Harrell
Director
INDEX
CASE ID
AC97-07261A
AR1998013770
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
19990120
TYPE OF DISCHARGE
UOTHC
DATE OF DISCHARGE
19680212
DISCHARGE AUTHORITY
AR 635-212
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
123.01
2.
123.02
3.
4.
5.
6.
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