MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           31 October 2000                 
DOCKET NUMBER:   AR2000044241

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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, he knows that what he did was wrong but that he had gotten involved with drugs as a means of coping with combat in Vietnam and was not given any treatment for this condition.  He states that he has now entered a rehabilitation program and is getting his life back together.  

COUNSEL STATES: In effect, that counsel supports the applicant’s efforts at rehabilitation and ask that the Board review the nature of the applicant’s offences, his post-service efforts to become a productive citizen and afford the applicant an equitable decision.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's previous consideration of the case (AR1999033019) on 3 February 2000.

The applicant submits a personal statement indicating that he had entered a rehabilitation program and has been clean and sober for a little over six months.  He submits three supporting statements, from his godfather, his mother and a Ward Commissioner that state that the applicant has become a good citizen and that they support his efforts to have his discharge upgraded.

The applicant’s submission constitutes new evidence and argument that require Board consideration.

Army Regulation 15-185 sets for the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence had been submitted.

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.  While the Board applauds the applicant’s candid admission of a drug problem and the recent positive actions he has taken to overcome that problem, it finds these efforts are of such a short duration and not so exceptionally meritorious as to outweigh the offenses that lead to his discharge.

2.  The letters attesting to the applicant’s good character and post-service adjustment and conduct are noted, but they are insufficient as the sole basis for relief because they do not appear to outweigh the repeated misconduct that led to the applicant’s separation. 

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

__EJA__  __ALR___  ___BFH__  DENY APPLICATION

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

INDEX

CASE ID	AR2000044241	
SUFFIX		
RECON	 	
DATE BOARDED	20001031 	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	71-8-25	
DISCHARGE AUTHORITY	AR635-200, CH 10	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A70.00	
2.	A67.07	
3.	A92.21	
4.		
5.		
6.