MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:          29 March 2000                   
DOCKET NUMBER:  AR1999028292

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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 upgrading his discharge.

APPLICANT STATES:  In effect, that he kept getting in trouble because he was young and irresponsible, the fights that he had in service were not his fault as he was just defending himself and he did not know the difference between guilty and not guilty.  He contends that the civilian charge of rape was consensual sex and that he was not aware that the girl was a minor.  He relates that he injured his back in 1989 and has not been able to work since.  He contends that he has had no trouble with the law since his release from service and asks that the Board review his post-service conduct and grant him relief.  He believes that the statements submitted on his behalf support that he is a different man now.

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 February 1993 (COPY ATTACHED).

The applicant submits a records check from the Mobile Police Department showing no record, a statement attesting to his church attendance and a letter showing his work record.  

These documents were not available to the Board previously and constitute 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 Board notes the evidence of post-service adjustment and conduct; however, these matters are not so meritorious as to outweigh the offenses that lead to his discharge.

2.  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.

3.  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

__rgh___  ___mdm_  ___jps   __  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028292	
SUFFIX		
RECON	 	
DATE BOARDED	20000329 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	144.9301	
3.		
4.		
5.		
6.