MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 November 1999
	DOCKET NUMBER:   AR1999023940

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		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 request for upgrade of his bad conduct discharge to a general discharge under honorable conditions.

APPLICANT STATES:  That he enlisted when he was 17 years old.  After training, he volunteered for and was sent to Korea, where he served as a combat infantryman during his 13 months there.  He did not have any disciplinary problems whatsoever.  He was even selected “soldier of the month” on more than one occasion.  For some reason, he was unable to cope with peacetime duty.  He was only 19 years old and felt invincible.  His troubles resulted in frequent minor offenses and he was eventually discharged.  He provides as new evidence six character references attesting to his being an honest, law-abiding citizen and family man since his discharge.

COUNSEL CONTENDS:  Counsel requests the Board again consider clemency as a basis for upgrading the applicant’s 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 24 November 1993 (COPY ATTACHED).

The applicant makes no new contention.  The six character references he submits were not considered by the first Board although the pastor and the county sheriff did submit similar letters with his first application.  

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 type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

2.  The applicant’s service in Korea was not entirely free of disciplinary problems as it appears that possibly his first and definitely his second courts-martial were for offenses committed while in Korea.

3.  The overall merits of the case, including the latest submissions, 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

__fne___  __esc___  __sk____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023940	
SUFFIX		
RECON		
DATE BOARDED	19991103	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.