MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 

	BOARD DATE:           29 April 1999
	DOCKET NUMBER:	AC86-01716C
		AR1999015084

	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. Ann M. Campbell 		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Cristopher J. Prosser		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 to honorable. 

APPLICANT STATES:  In effect, that he would like to have his entire period of service to reflect that he served honorably.  He avers that his former commanding officer was relieved of command shortly after his discharge as a result of unfair discharge actions and a “extremely high Article 15 rate.”  He further contends that there were prejudicial actions taken against him as a result of his shaving problem.

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 19 August 1987 (COPY ATTACHED).

The applicant’s current contention of prejudicial treatment and improper actions on the part of his commanding officer constitutes new argument requiring Board action.

The applicant submits no additional evidence in support of his new contentions, and the excepts from his military file were a matter of record at the time of the prior reviews.

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 submitted no evidence to document any prejudicial treatment on the part of his chain of command.  Further, as noted in the previous Board action, the applicant had eleven documented non-judicial punishments, none of which had anything to do with appearance or shaving problems.

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

__AMC_   ___ESC__ ___CJP__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC86-01716C
AR1999015084	
SUFFIX		
RECON	 	
DATE BOARDED	1999/04/29	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY 	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.