MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           21 October 1999
DOCKET NUMBER:  AR1999023273

	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. 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: Reconsideration of his application to correct his records by changing his final RE code and separation code.

APPLICANT STATES:  In effect, that the Board’s prior action granted him an earlier date of discharge and as such it is appropriate to change his separation and reenlistment codes.  He also indicates his post service accomplishments warrant relief.

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 29 July 1998 (COPY ATTACHED).

The applicant’s request is for essentially identical to his prior request on these two issues.  He does submit college transcripts and copies of his police and firearms identification that were not available to the Board previously; this constitutes new evidence that requires Board review.

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 the Board, in essence, voided his final discharge thereby negating the conduct that resulted in that discharge is without merit.  The previous decision only indicated that for administrative purposes that the applicant was qualified for a complete and unconditional separation on 4 June 1985 and that that discharge would show that his service up until that point had been honorable.  Such a determination does not void the additional service that resulted in his Under Other Than Honorable Conditions discharge nor does it warrant changing his terminal RE and separation codes.

2.  The applicant’s post service accomplishments are noted, however, they are not so meritorious as to warrant an upgrading of his discharge, nor a change of the reenlistment and separation codes.

3.  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.

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

__rvo____  __rjw___  ___cjs___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023273	
SUFFIX		
RECON		
DATE BOARDED	19991021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.00	
2.		
3.		
4.		
5.		
6.