MEMORANDUM OF CONSIDERATION

IN THE CASE OF:        

BOARD DATE:           10 February 2000 
DOCKET NUMBER:   AR1999032317

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		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 application to correct his records by upgrading his discharge.

APPLICANT STATES:  In effect, that he knows that he should have handled the situation surrounding his grandfather’s illness and death in a better way but that due to his age, physical condition and love for his grandfather he was not thinking clearly.  He asks that the Board afford him the same consideration as others received who committed far worse offences.  He contends that he has proven himself to be a good citizen.

COUNSEL STATES:  In effect, that they support the applicant’s contentions and note that his medical records show that the applicant had a history of anxiety and a foot condition at the time of induction.
 
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 11 June 1997 (COPY ATTACHED).

The applicant submits a copy of his grandfather’s funeral notice, a negative police name check record, a copy of his real estate broker’s license and personal statement from a long term friend.  These documents which were not available to the Board previously, constitutes new evidence that requires Board review.

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 contention that he was young and immature at the time is not sufficiently mitigating to warrant relief. The Board notes that the applicant was 20 years of age at the time of his first AWOL.

2.  The applicant's post-service conduct does not outweigh the fact that he had only 128 days of creditable service and 58 days of lost time.

3.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.

4.  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.

5.  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

__VBC__  __JPS___  __KLW__  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032317	
SUFFIX		
RECON	 	
DATE BOARDED	20000210 	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19530822	
DISCHARGE AUTHORITY	AR615-368 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A50.00	
2.	A67.05	
3.	A92.21	
4.	A92.29	
5.		
6.