MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 

	BOARD DATE:             4 August 1999                 
	DOCKET NUMBER:	AC92-07460B
		AR1999014976

	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. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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, he was not guilty of the charge of drug possession and that his AWOL periods were due to his being young and immature.  By reference to his 1995 application, he also requests the Board to consider his post service work and character in its deliberations.

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 9 September 1992 (COPY ATTACHED). 

The applicant’s request for the Board to consider of his youth and immaturity is a new consideration for Board review.  Additionally, the applicant’s 1995 application contained three work history and character reference letters that were not submitted for the Board’s consideration at that time. 

The applicant entered the active duty on 28 May 1971 at the age of 18.  He completed basic training, AIT and served until February 1972 without incident.  His record then shows a history of 25 counseling statements for substandard performance or infraction of regulations, four nonjudicial punishment proceedings and two special court-martials, which included eight periods of AWOL. 

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 contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  He had displayed an ability to serve honorably for almost a year prior to his first offence.

2.  While the evidence submitted by the applicant shows that he has been able to over come the negative consequences discharge it is not so meritorious as to out weigh the disciplinary infractions and periods lost time of his service.

3.  The applicant has submitted no evidence to support his contention that he had no knowledge of the drugs that were found in the vehicle he was operating.

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

___FKM_  __INW__   ___GDP _  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC92-07460B
AR1999014976	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990804 	
TYPE OF DISCHARGE	 UOTHC	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	deny	
REVIEW AUTHORITY		
ISSUES        1.	A93.01	
2.	A92.21	
3.		
4.		
5.		
6.