MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 May 2002                   
	DOCKET NUMBER:   AR2002067525

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 request to upgrade his undesirable discharge to honorable. 

APPLICANT STATES:  That all charges against him were fabricated in order to promote racism and hinder all minorities by any means because there was at the time a practice in the military to bar all black veterans from any benefits.  He was scrutinized while he was in Korea because he was under a medical profile. He had received fragmentation wounds to his eyes, hands, fingers, chest, face, and legs.  He was discriminated against because he had pseudo-folliculitis.  He was having a very bad time shaving and in each duty station, other than Vietnam, he was singled out because of his beard.  In 1968, he was court-martialed for refusing to shave.  He had a medical profile then not to shave.  As new evidence he provides a summary of his military medical treatment.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 6 September 2001 (docket number AR2001058201).

On 8 May 1968, the applicant was convicted by a special court-martial of willfully disobeying a lawful order from a superior commissioned officer to get on the truck and move out for detail.

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.  As noted in the original consideration of his case, the applicant’s record of misconduct while in Korea was not much different from his earlier record of misconduct.  His contentions that he was earlier court-martialed for refusing to obey an order to violate his profile is inaccurate.  He was court-martialed for refusing to move out for detail.  His argument that he was being discriminated against while in Korea because of his medical profile against shaving is not convincing.

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

__fne___  __rwa___  __pm____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067525	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19690722	
DISCHARGE AUTHORITY	AR 635-212 	
DISCHARGE REASON	A50.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.