MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 October 2000                  
	DOCKET NUMBER:   AR2000046593

	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. 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 earlier appeal to correct his records by upgrading his general discharge to honorable. 

APPLICANT STATES:  In effect, that his overall record of above average service as an officer and his previous honorable discharge warrants the requested relief.  He had fundamental differences with his rater.  When the rater accused him of altering an officer evaluation report (OER), and his civilian legal problems precluded his ability to deal with another investigation, he voluntarily resigned.  His civilian legal case was reduced to a single non-sexual misdemeanor and that was reversed and expunged in 1986.  His present incarceration has no relationship to that earlier incident.  He submits numerous documents to substantiate 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 (AR1999033334) on 10 February 2000.

The applicant’s submissions are new evidence and argument that requires Board consideration.

The applicant submits copies of his OERs, and civilian court documents.  He also submits numerous letters testifying to his honesty and character.  These letters are dated from 1975 to 1983.  Some of them are associated with his original application for a commission.  He submits a copy of his enlisted DD Form 214 (Report of Transfer or Discharge from Active Duty) and a copy of his California Department of Corrections identification card showing his date of incarceration as 26 January 1998.

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 accepts the explanation that his voluntary resignation had nothing to do with his civilian legal problems and that he simply resigned to avoid an investigation into the accusation that he had altered an OER.  The Board also notes the applicant’s arguments and his supporting documentation.

2.  The Board presumes that, in the absence of evidence to the contrary, the discharge proceedings were conducted in accordance with the law and regulations applicable at the time and concludes that the character of the discharge is commensurate with the applicant’s overall record and the circumstances of the 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	AR2000046593	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.