MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 May 2000                  
	DOCKET NUMBER:   AR1999032424

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Christopher J. Prosser		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.

APPLICANT STATES:  In effect, the applicant defers to his counsel.

COUNSEL CONTENDS:  That the applicant’s discharge was improper because the request was made and approved after his trial by court-martial which amounted to punishing him twice, that the discharge authority lacked jurisdiction over him and because this constituted double jeopardy.  Counsel also contends that the discharge is inequitable because the applicant’s post service conduct is exemplary. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 15 July 1999 (COPY ATTACHED).

Army Regulation 635-200, paragraph 10-1c then in effect, states “If disciplinary proceedings are not held in abeyance, the general court-martial convening authority may approve the member’s request for discharge for the good of the service after the member has been tried.  In this event, the officer who convened the court, in his or her action on the case, should not approve any punitive discharge adjudged.  The officer should approve only so much of any adjudged sentence to confinement at hard labor or hard labor without confinement as has been served at the time of the action.”

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 discharge was not improper.  The action taken on the applicant’s case is specifically provided for in the pertinent regulation. 
 
2.  The claim of exemplary post service behavior is noted.  However, there is no supporting evidence to substantiate this claim.  Neither is there any convincing argument as to why such factor should outweigh the applicant’s overall record which is virtually devoid of any distinguishing accomplishment or service which might offset his repeated misconduct.
 
3.  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.

4.  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

__RVO__  ___JMA _  __CJP___  DENY APPLICATION

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

INDEX

CASE ID	AR1999032424	
SUFFIX		
RECON		
DATE BOARDED	20000511	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19840501	
DISCHARGE AUTHORITY	AR 635-200, chapter 10	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A92.21	
2.		
3.		
4.		
5.		
6.