MEMORANDUM OF CONSIDERATION

IN THE CASE OF:    

BOARD DATE:            17 February 1999                 
DOCKET NUMBER:    AC91-11208A
			    AR1999015320

	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. Charles H. Lounderman		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John Saputo		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 under other than honorable conditions (UOTHC) discharge.

APPLICANT STATES:  In effect, that he has suffered enough for errors in judgement that occurred over 39 years ago when he was young and immature.  He contends that he should have received a hardship discharge due to his mother’s health and that such a discharge would have been at least a general discharge.

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 3 June 1992 (COPY ATTACHED).

The applicant again requests a reconsideration of the characterization and reason for his discharge.  He again reiterates the course of events that lead to his UOTH and submits a Veterans Service Officer Assistance Questionnaire to elaborate on his statement.  The applicant submits a copy of his birth certificate, a copy of his mothers certificate of divorce, copies of newspaper clippings of his mother’s heart surgery, dated 5/6/63, and notice of her death, dated 4/21/79 and a copy of his Certificate of High Scholl Equivalence, dated 28 August 1975.

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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.

2.  There is no available evidence that the applicant sought either a hardship discharge or compassionate reassignment.  Nor, given his record of misconduct, is there reason to conclude it would have been granted if he had applied.

3.  While the Board has taken cognizance of the applicant's age at the time of the offences, his employment problems, and his post-service conduct; none of these factors, either individually or in sum, warrant the relief requested.

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

___CHL_  ___FNE__  ___JS___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC91-11208A
AR1999015320	
SUFFIX		
RECON		
DATE BOARDED	19990217	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	110.00/189	
2.	A64.00/656	
3.	A93.01/835	
4.	A93.07	
5.		
6.