MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           24 August 2000
	DOCKET NUMBER:   AR2000037621

	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:

	Mr. George D. Paxson		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Allen L. Raub		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 expunging his Enlisted Evaluation Report (EER) for the period July through December 1986.  

APPLICANT STATES:  In effect, that his chain of command created an illegal rating scheme to produce this EER.  He contends that a warrant officer in Special Forces (SF) units never rate Noncommissioned Officers (NCOs) unless the warrant officer commands a detachment with no commissioned officer assigned.  To substantiate his case, he submits two 1997 documents, that he presents as published rating SF schemes.  He also contends that his chain of command, this Board and certain individuals on the staff of The Secretary of the Army have committed fraud, misinformed him, misrepresented the facts and otherwise acted illegally in his case.

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 16 June 1993 (COPY ATTACHED).

The applicant’s submission is new argument that requires Board consideration

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 applicant’s contentions.  However, 1997 rating schemes are not relative to his 1986 ER.  Neither do they prove his contention that warrant officers never rate NCOs except when they were in command of the detachment.  There is no convincing evidence of any error of injustice, mistreatment, misrepresentation or fraud in this case.  

2.  There is no statutory or regulatory right to a formal hearing.  Formal hearings are granted only when the Board determines that a case is so complex, or the records so incomplete that only sworn testimony can provide the necessary information.  The Board concludes that a formal hearing is not warranted in this case.

3.  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. 

4.  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

__GDP__  __CLG__  __ALR___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037621	
SUFFIX		
RECON		
DATE BOARDED	20000824	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	111.02	
2.		
3.		
4.		
5.		
6.