MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           16 March 2000                   
	DOCKET NUMBER:   AR1999026605

	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.

	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Orville W. Troesch, Jr.		Member	
	Mr. Christopher J. Prosser		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 to upgrade his undesirable discharge to honorable.   

APPLICANT STATES:  That he believes the horrors of war affected his judgement and caused him to turn to alcohol to deal with his depression, and that he has since lived a clean, productive honorable life.  He submits a statement from his current employer attesting to his current job performance.  

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of his case on 7 September 1966.  (COPY ATTACHED).

The applicant submits a statement from his employer, as new evidence, and as such, requires Board consideration.  

On 18 September 1959, the applicant was convicted by a general court-martial for being absent without leave (AWOL), and for stealing money from a fellow soldier.  He was sentenced to a bad conduct discharge, a forfeiture, reduction to pay grade E-1, and confinement at hard labor for one year (remitted to 9 months on 11 April 1960).  

On 11 February 1960, the applicant was discharged under other than honorable conditions.  His Report of Separation indicates he had 7 years, 2 months and 
11 days of creditable service and 216 days of lost time. 

On 13 January 1967, this Board directed that the applicant’s records be corrected to show a complete and unconditional honorable discharge on             8 February 1957, and denied his request to upgrade his bad conduct discharge issued on 11 February 1960. 

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.  

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

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

___jlp___  __owt___  __cjp____  DENY APPLICATION

Karl F. Schneider
                                 Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026605	
SUFFIX		
RECON		
DATE BOARDED	20000316	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 110.02		
2.		
3.		
4.		
5.		
6.