MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 October 1999                   
	DOCKET NUMBER:  AR1999014965

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Carol Jo Suiter		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:  Under the provisions of the Board’s Reconsideration Project, that his earlier appeal to upgrade his general discharge be reconsidered.

APPLICANT STATES:   In effect, that he was young and immature and suffered from a learning disability and that it was impossible for him to have complied with the requirements of military life.  He also contends that his learning disability precluded his ability to have filed an application to this Board in a timely manner.
He reports that after the service he found a job that he could do successfully.  In fact, he was recently recognized for completing 25 years of employment with that company.  He is happily married and a member of a fine supportive church and is and financially responsible.  He has earned a GED and completed numerous vocational courses to improve his employability.  He reports that he has never been in any trouble and that his Army record is the only blemish on his life.   He submits numerous documents to substantiate his case.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were reported in a memoranda prepared to reflect the Board's original consideration of the case on 2 February 1994 (COPY ATTACHED).

The applicant’s submissions constitute new evidence that requires Board consideration.  They include:  A letter from a medical doctor to the effect that the applicant quit school in the seventh grade because he was a slow learner.  The doctor recommends that the applicant’s general discharge be upgraded to honorable.  Two letters from a bank show that a loan and a mortgage were properly paid.  Several certificates from various educational entities show that he earned a GED and completed vocational courses in radio and TV repair, home remodeling and repair, trowel trades, carpentry plan reading, building construction and estimating and that he was honored as a 25 year employee.

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’s success and adjustment to civilian life is noted but the factors, in and of themselves are insufficiently meritorious to warrant the requested relief.

2.  The applicant’s assertion that he has a learning disability and the doctor’s opinion that he was a slow learner do not establish that it was impossible for the applicant to comply with the requirements of military discipline.  Especially in light of his success in civilian life and the lifelong absence on any other record of indiscipline.  Indeed, these factors tend to show that, far from being incapable due to youth and immaturity and a learning disability the applicant was capable of comporting himself properly when he was sufficiently self-motivated to do so.  His 4 month and 28 days of Army membership, which is devoid of any redeeming incident of record, is entirely too insignificant as to characterize his service as honorable.  

3.   Prior to reaching the determination that it was not in the interest of justice to excuse the failure to timely file, the Board looked at the entire file.  It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit.  The Board has never denied an application simply because it was not submitted within the required time.

4. 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.

5.  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___  ___rjw___  __cjw____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014965	
SUFFIX		
RECON		
DATE BOARDED	19991021	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19680503	
DISCHARGE AUTHORITY	AR 635-212	
DISCHARGE REASON	A51.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A93.01	
2.	A92.21	
3.		
4.		
5.		
6.