MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            3 February 2000                  
	DOCKET NUMBER:   AR1999026314

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Ms. Barbara J. Ellis 		Member	
	Mr. Ernest W. Lutz Jr.		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:  In effect, reconsideration of his request for upgrade of his Bad Conduct Discharge (BCD) to one issued under honorable conditions.

APPLICANT STATES:  That he was unaware of the results of a BCD at the time of his discharge.  He seeks forgiveness and states that he was not in trouble before or since his 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 8 May 1996 (COPY ATTACHED).

The applicant also provides a NA Form 13042, Request for Information Needed to Locate Medical Records; a copy of his DA Form 20, Enlisted Qualification Record and DA Form 20B, Insert Sheet to DA Form 20 (Record of Court-Martial Conviction); a copy of General Court-Martial Order Number 109, Headquarters, US Army Field Artillery Center and Fort Sill (Oklahoma), dated 8 November 1972; a copy of SF Form 88, Report of Medical Examination, dated 29 November 1972; a copy of his DD Form 214, Report of Transfer or Discharge, dated 15 February 1973; a copy of his DD Form 214, dated 5 August 1966; a copy of his NGB Form 22, dated 6 February 1969; a copy of his BCD Certificate; a copy of VA Form 21-526, Veteran’s Application for Compensation or Pension; and an undated letter from his sister.

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.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s service records indicate that he had an arrest record prior to his entry into the Regular Army.

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

__MKP__  __BJE__  ___EWL__  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AC1999026314	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000203	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19730215	
DISCHARGE AUTHORITY	AR 635-200 C11	
DISCHARGE REASON	A71.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	105.0000	
2.	110.0000	
3.		
4.		
5.		
6.