MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 March 2000                  
	DOCKET NUMBER:   AR1999029455

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 her previous request to correct her records by upgrading her discharge.

APPLICANT STATES:  In effect, that her civil rights have been restored and she would like to get her discharge upgraded.  She submits a copy of a Georgia State Board of Pardons and Paroles order restoring her civil and political rights; including the rights to receive, possess or transport a firearm. 

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 24 February 1999 (COPY ATTACHED).

The applicant’s submission constitutes new evidence that requires Board consideration.

The Georgia State Board of Pardons and Paroles order states that the agency had received an application, had “investigated the facts material to the application and had established that the applicant is a law abiding citizen and is fully rehabilitated.”

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 applicant’s post service behavior and conduct as evidenced by the restoration of her civil and political rights is noted.  However this factor is not so exceedingly meritorious at to outweigh the egregious behavior for which she requested discharge rather than face trial by court-martial.

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

___JMA_  __TSL___  __AAO__  DENY APPLICATION

Karl F. Schneider
   Director, Army Review Board Agency

	AR1999029455	
		
RECON		
DATE BOARDED	19990322	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19990116	
DISCHARGE AUTHORITY	AR635-200, ch 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A70.00	
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