MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            09 JULY 2002                  
	DOCKET NUMBER:    AR2002069091

	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, Army Review Boards Agency	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Mr. Roger W. Able		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 previous application to correct his records by upgrading his discharge or by granting him retirement from the Army.

APPLICANT STATES:  That he had received the Board’s decision denying his request that his bad conduct discharge be upgraded, but that he will continue to pursue his case.  The information that he received concerning a sexual harassment charge was unwarranted, and he never received nonjudicial punishment at that time.  Since his release from the Army he has maintained a decent job, raised a family and paid his share of taxes to the government.  He is entitled to receive some form of retirement because of his commitment to his country.  He did not murder anyone or lie under oath.  The Board must give consideration to all the positive things he accomplished for his country.  It would be a sense of betrayal that a couple of offenses could be unforgiving.

In a separate, follow-on letter, the applicant states that his request is reasonable and worthy of a second look.  He served his country well for over 17 years.  No crime of murder was committed, just that of larceny and forgery.  Recently, a naval officer murdered a boat full of Chinese people, but was given a tap on the hand.  His debt to society has been paid.  He only wants an opportunity to have his records reflect differently than his actions at that time.  

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 13 December 2001 (AR2001058447).

There is no new evidence or information, other than the information provided by the applicant as noted above.  

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 has taken cognizance of the applicant's years of military service and his professions of good post-service conduct; none of these factors, either individually or in sum, warrant the relief requested.

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

__JL____  __TBR __  __RWA__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069091	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020709	
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.	110.00	
2.	189	
3.		
4.		
5.		
6.