MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:        10 February 1999          
	DOCKET NUMBER:   AC95-07010A
				   AR1999016318

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Patrick Bogenberger		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Gary F. Garaets		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 from under other than honorable conditions to honorable.

APPLICANT STATES:  In effect, that his discharge was unjust because he has been out of the Army for over 10 years and he hasn’t been able to get a decent job because of the type of discharge that he received.  He has requested to have his discharge upgraded several times.  He received two Army Achievement Medals and was the battalion soldier of the month on three occasions while stationed in Germany.   

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 9 March 1994 (COPY ATTACHED).

The applicant was awarded two Army Achievement Medals, as he has stated.  Additionally, he has been awarded the Army Service Ribbon, the Overseas Service Ribbon, and the Sharpshooter Badge with rifle bar.

There are 11 statements in the applicant’s record from eight different NCO’s attesting to the applicant’s insubordination, disrespect, disobedience, and absence from duty, in addition to those acts of indiscipline noted in the Board’s consideration of his case on 9 March 1994. 

There is no information concerning that the applicant was battalion soldier of the month.

The applicant has provided neither information nor any evidence to show that his discharge was unfair or unjust. 

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 the Board has taken cognizance of the applicant’s employment problems, and the awards that he received while in the service, none of these factors, either individually or in sum, warrant the relief requested.  Furthermore, although information is not available concerning his contention that he was battalion soldier of the month on three occasions, were his contentions to be true, it also would not warrant changing his discharge.

2.  In view of the applicant's numerous acts of indiscipline, it does not appear that his discharge under other than honorable conditions was too severe.

3..  The overall merits of the case, including the latest arguments are insufficient as a basis for the Board to grant the relief requested.

4.  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

___pb___  __eja___  _gfg____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016318	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110.00		
2.		
3.		
4.		
5.		
6.