MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 October 2000                  
	DOCKET NUMBER:   AR2000047301

	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. Melinda M. Darby 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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 discharge to honorable. 

APPLICANT STATES:  In effect, that his discharge should be upgraded because he contracted Hepatitis C while he was on active duty and it has adversely affected his life.

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 (AR2000039472) on 27 June 2000.

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

The applicant provided no evidence to substantiate his argument that service connected Hepatitis C has adversely affected his life.

As noted in the original MOC the applicant had 1 year, 4 months and 17 days of creditable service and accumulated 121 days lost time.  He was absent without leave (AWOL) on three occasions.  The highest rank held was private/E-2 and he received no special recognition.

Army Regulation 635-200, at chapter 3 outlines the criteria for characterization of service.  It states that an honorable discharge is a separation with honor.  The honorable characterization of service is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty.  Paragraph 3-7a(l) states, in pertinent part:  “A soldier will not necessarily be denied an honorable discharge solely by reason of a specific number of convictions by court-martial or actions under the UCMJ Art l5.It is a pattern of behavior and not the isolated instance which should be considered the governing factor in the determination of character of service.”

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.  Even if the applicant’s contention was properly documented it would not outweigh the fact that he served for only a short time, was a chronic AWOL, rendered no significant service and was voluntarily separated at his own request in order to avoid trial by court-martial.  This does not generally meet the standards of acceptable conduct and performance of duty.  He exhibited a pattern of misconduct and the characterization of his service as having been served under other than honorable conditions was and is appropriate.

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

___AAO_  ___MMD  ___WDP _  DENY APPLICATION

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

INDEX

CASE ID	AR2000047301	
SUFFIX		
RECON		
DATE BOARDED	20001026	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19770706	
DISCHARGE AUTHORITY	AR 635-200, CH 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A93.21	
2.		
3.		
4.		
5.		
6.