MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           10 March 1999                  
DOCKET NUMBER:   AC93-07714A
			   AR1998073560

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Meta Waller 		Member	
	Mr. Kenneth L. Wright		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 the Board's previous denial of his request to correct his military records by upgrading his discharge.

APPLICANT STATES:  In effect, that he needs an upgrade of his bad conduct discharge to correct factors for Social Security Retirement 

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 2 June 1993 (COPY ATTACHED).

The applicant’s request for an upgrade is new only in that the reason for requesting the review was not of issue during the 1993 review.  He submits no supporting evidence or additional argumentation.

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 failed to supply any reason or rationale for changing the character of his discharge or how such a change relates to Social Security benefits.  Any correction to the applicant’s Social Security Retirement calculations must be addressed to that agency as this Board has no jurisdiction in Social Security matters.

2.  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 the aforementioned requirement

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

___FKM_  __MW___  ___KLW_  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC93-07714A
AR1998073560	
SUFFIX		
RECON		
DATE BOARDED	19990310	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	675	
2.		
3.		
4.		
5.		
6.