MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 July 2000                  
	DOCKET NUMBER:   AR200037504

	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. Carl W. S. Chun		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 earlier appeal to correct his records by removing a Noncommissioned Officer Evaluation Report (NCOER) for the period October 1991 through September 1992 and various other associated follow on actions.

APPLICANT STATES:  In effect, that he is submitting new evidence in the form of a sworn statement from a former first sergeant.

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 the case on 12 August 1998 (COPY ATTACHED).

The applicant’s submission is new evidence that requires Board consideration.

The sworn statement is addressed to “To whom It May Concern” and reads in its entirety:  “In 1990 I was the 1Stg. to the 639th Transportation in Kingsport, TN when I was ordered by Capt. S_____ W_____ to write up a bad EER on [the applicant].” It is signed B____ K. D_____.  There is no rank or other indication of the writer’s military status.
 
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 statement does nothing to demonstrate an error or an injustice in the record.  The date does not correspond to the NCOER at issue.  Neither the captain’s nor the writer’s name appears on the subject NCOER in any capacity.
  
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

___JLP__  __MHM _  ___JEA__  DENY APPLICATION

        Carl W. S. Chun
      Director, Army Board for Correction 
      of Military Records

INDEX

CASE ID	AR2000037504	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	114.03	
2.		
3.		
4.		
5.		
6.