MEMORANDUM OF CONSIDERATION

IN THE CASE OF: 
	     
BOARD DATE:           16 February 2000                  
DOCKET NUMBER:   AR1999028408

	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. Arthur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller		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 bad conduct discharge to general or honorable.

APPLICANT STATES:  In effect, that he is entitled to an upgrade because others who deserted and spent years in Canada have received amnesty.  He avers that he was treated unfairly in the stockade and that his rights were violated.

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 2 September 1999 (COPY ATTACHED).

The applicant submits an incomplete copy of the record of his 1966 conviction by General Court-Martial, an extract from 38 CFR 3.12 (VA regulations), and statements from his brother and a long time friend which indicate that the applicant was a changed man following his abuse in the stockade.  The applicant also submits a March 1998 private physician’s statement indicating the applicant is suffering from paranoid schizophrenia and a 70 page copy of a 1974 New York State psychiatric hospitalization that afforded that diagnosis of anti-social personality with a history of substance abuse.  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 applicant has submitted no documentation to support his contention of unfair or abusive treatment while confined in the stockade.

2.  The diagnosis of paranoid schizophrenia or anti-social personality disorder with substance abuse many years after service does not support the applicant’s contentions of abuse in the stockade nor that he was treated unfairly in the nature and severity of his discharge. 

3.  The fact that programs for deserters and draft evaders were developed does not show that the applicant’s general court-martial was improper, unfair or unjust.

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

__aao___  __clg___  ___mw___  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028408	
SUFFIX		
RECON		
DATE BOARDED	20000216	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19660902	
DISCHARGE AUTHORITY	AR 635-204  	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A68.00	
2.		
3.		
4.		
5.		
6.