MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 

	BOARD DATE:            9 June 1999 
	DOCKET NUMBER:	AC91-08450B 
		AR1999014909

	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:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. James P. Steuve		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.

APPLICANT STATES:  In effect, that he was unaware of the consequences of his acts and the affect that his discharge would have on him in later life.  He requests that the Board consider his post service conduct and accomplishments for granting relief.

NEW EVIDENCE OR INFORMATION:  The applicant’s case is reopened in accordance with the Army Board for Correction of Military Records Reconsideration Project (ABCMR-RP) criteria.  The applicant’s previous request was administratively closed.  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 8 January 1992 (COPY ATTACHED).

The applicant submits new argument in his request for consideration of his post service conduct and accomplishments.  He submits a letter of reference from the principal of the school at which he teaches.  It notes that he is very highly thought of by parents and students alike.

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.  While it is commendable to have the respect of parents and students alike in a teaching position, the evidence submitted by the applicant fails to show such exemplary accomplishments as to outweigh the misconduct committed while he was on active duty.

2. 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.

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

__EB__ _  __RJW__  ___JPS__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC91-08450B 
AR1999014909	
SUFFIX		
RECON	 	
DATE BOARDED	19990609 	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES        1.	189	
2.		
3.		
4.		
5.		
6.