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ARMY | BCMR | CY2001 | 2001057206C070420
Original file (2001057206C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 July 2001
         DOCKET NUMBER: AR2001057206

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Margaret V. Thompson Member
Mr. William D. Powers 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 discharge be changed to a medical discharge.

APPLICANT STATES: That he was due to get a medical discharge due to schizophrenia but it was cancelled due to racism. He provides a Veteran’s Application for Compensation or Pension dated 6 October 1992 (which indicates the nature of his disabilities as nervous disorder and post-traumatic stress disorder – he witnessed his buddy’s suicide) and the VA’s response dated 22 October 1992 as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant’s service medical records and discharge packet are not available.

The applicant enlisted in the Regular Army on 8 January 1985. He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).

On 7 October 1987, charges were preferred against the applicant charging him with being absent without leave (AWOL) from on or about 4 January to on or about 6 January 1986 and from on or about 24 February 1986 to on or about 26 September 1987. The discharge packet is not available.

On 11 December 1987, the applicant was discharged, with a discharge under other than honorable conditions, in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 10 for the good of the service. He had completed 1 year, 3 months and 28 days of creditable active service and had 581 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. A discharge under other than honorable conditions is normally considered appropriate.

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 order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2. The applicant has provided no evidence, such as his service medical records which he could probably obtain from his servicing VA medical center, which shows that he had schizophrenia or that it resulted in the misconduct for which he was discharged. He provides no evidence to show that he was being processed through the Army Physical Disability Evaluation System and the processing was stopped because of racism or for any other reason.

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

__jls___ __mvt___ __wdp___ DENY APPLICATION



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




INDEX

CASE ID AR2001057206
SUFFIX
RECON
DATE BOARDED 20010724
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 108.00
2.
3.
4.
5.
6.


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