MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 January 2001                  
	DOCKET NUMBER:    AR2000046532

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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:  Further consideration of his previous request by changing his separation date from the Army.

APPLICANT STATES:  In effect, that his separation date from the Army should be changed so that he will be entitled to financial restitution.  He contends that he signed a contract for three years that he was willing to serve.  The Board, in a previous decision, admitted that the Army was wrong in their handling of his case.  He asks how the Board could only upgrade him half way by upgrading his discharge only and not awarding him an adjusted separation date.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records, which were summarized in a memorandum of consideration, prepared to reflect the Board’s previous consideration of the case (AR1999030768) on 1 June 2000.

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

Army Regulation15-185 sets forth 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.  The Board previously upgraded the applicant’s discharge to honorable as a matter of equity.  There was no finding of wrongdoing on the part of the Army. The Board noted in its decision that the applicant’s chapter 14 discharge was accomplished in accordance with regulations in effect at the time. Notwithstanding his contract for three years of service, it was his own drug usage that caused the early termination of that contract.  The Board concludes it would be unfair and inequitable to grant the applicant active duty service credits and thereby allow him to qualify for financial benefits for service he did not perform.

2.  The overall merits of the case, including the latest arguments by the applicant are insufficient as a basis for the Board to reverse or amend 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

__jh_____  ____kah_  ____le___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046532	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.