MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 April 2000                   
	DOCKET NUMBER:   AR2000037167

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 discharge under other than honorable conditions to an honorable discharge.

APPLICANT STATES:  That he provides evidence that brings some of the Article 15s into question.  He provides a copy of his hardship discharge paperwork, his hardship discharge separation physical examination, two Article 15s cross-referenced to a record of medical treatment and record of dental treatment, and a Certificate of Unsuitability for Enlistment/Reenlistment (bar to reenlistment) dated 2 March 1966 as supporting evidence.

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 16 September 1998 (COPY ATTACHED).

On 12 March 1965, the applicant reenlisted for 6 years for a military occupational specialty producing school course.

The applicant claims that he could not prepare for inspection on 16 July 1965 because he had extensive dental work done and was given time to recover.  (This was one of three specifications noted on the Article 15 dated 19 July 1965.)
The provided record of dental treatment verifies that he had x-rays and a filling put in on that date.

On 30 August 1965, the applicant applied for a hardship discharge.  He had had to waive his enlistment commitment in order to apply for this discharge.  His father had stopped supporting the family years earlier, forcing his mother onto welfare.  She was going to be taken off welfare due to the fact his younger sister refused to return to school and he would then be their sole means of support.  However, his E-3 pay would not support them and he had a job offer back home that would allow him to support them.  His request was disapproved apparently because he did not have a support allotment going to his mother.  

The applicant claims that he could not report to his appointed place of duty on    3 January 1966 because he reported on sick call to go to the hospital for surgery.  (This was one of four specifications noted on the Article 15 dated 11 January 1966.)  The provided record of medical treatment does verify that he was on sick call that day and that there was some confusion about a hospital appointment.

On 2 March 1966, the applicant received a bar to reenlistment.  The bar paperwork states that if the bar to reenlistment were not lifted, he would receive a general discharge at the expiration of his term of service.

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 Board empathizes with the applicant’s concern for his family but the disapproval of his hardship discharge cannot be used to condone his misconduct.  His claim that documentation of medical or dental care brought into question some of his Article 15s is unconvincing as those documents concern only one specification out of several in each of two Article 15s.  

3.  The Board regrets the applicant had to waive his enlistment commitment in order to apply for a hardship discharge; however, he could have reapplied for a hardship discharge had circumstances changed.  For example, he could have started a support allotment.  Although the applicant claims such an allotment would have caused his mother to lose her welfare benefits, she was going to lose them anyway.  With his allotment and her loss of benefits he would have had a much stronger case for such a discharge with its accompanying honorable discharge.

4.  The statement in the bar to reenlistment that if the bar were not lifted he would receive a general discharge at the expiration of his term of service is irrelevant because he never completed his term of service.  His expiration term of service was 11 March 1971; he was discharged for misconduct on 17 March 1966.

5.  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.

6.  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

__eb____  __tap___  __klw___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000037167	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19660317	
DISCHARGE AUTHORITY	AR 635-208	
DISCHARGE REASON	A50.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.