MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	

	BOARD DATE:             24 November 1999
	DOCKET NUMBER:	AR1999023275

	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. W.W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert G. Hinkle 		Member	
	Mr. Lester Echols		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, that all of the problems he had with first discharge and return to duty should be considered.  His NCO evaluation reports (ERs)  fail to show any propensity toward misconduct. 

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 23 February 1994 (COPY ATTACHED). 

The applicant submits a 13 June 1990 sworn statement by his wife to the effect that the first sergeant called her and reported the applicant’s alleged misconduct  to her.  She felt that the first sergeant was using her to put pressure on the applicant and that the applicant had been mistreated by the command.

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.  Neither the wife’s statement nor the applicant’s NCOERs demonstrate that the circumstances surrounding the discharge were unjust.  The board of officers found sufficient evidence of misconduct to recommend separation from the service with a general discharge.  The separation authority approved that recommendation.

3.	The evidence concerning the relative to the applicant’s earlier enlistment, his separation, law suit and subsequent return to duty are not new evidence. 

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

___RVO_  __RGH__  __LE____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023275	
SUFFIX		
RECON		
DATE BOARDED	19991124	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19900705	
DISCHARGE AUTHORITY	 AR 635-200, ch 14 	
DISCHARGE REASON	A60.00	
BOARD DECISION	GD 3-0	
REVIEW AUTHORITY		
ISSUES        1.	A92.01	
2.		
3.		
4.		
5.		
6.