MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 August 1999                  
	DOCKET NUMBER:   AC90-02430A
				   AR1999014964

	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. Loren G. Harrell		Director	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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 application to correct his records by upgrading his bad conduct discharge. 

APPLICANT STATES:   In effect, his conviction by a general court-martial was unwarranted, that the value of the cases of insecticide was vastly overstated.  It was all outdated and that some of the cans were empty.  He relates that he hadn't really sold the stuff to Korean nationals, that, in fact the insect repellent was to compensate an "odd-job" Korean laborer, who worked as a painter on the Army's vehicles, for doing special jobs not only for the applicant's motor pool but also for other units.  He contends that he had actually requisitioned the insecticide and that he did so before the witness against him ever became an informant for the CID.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memoranda prepared to reflect the Board's previous considerations of the case on 26 February 1992 (COPY ATTACHED).

The applicant’s contention that he was court-martialed to get rid of him because he had evidence that his superiors were engaged in the Black market constitutes new argument that requires Board consideration.

The record of  the applicant’s trial by general court-martial shows that the applicant had tried to requisition insecticide, but that the request was not processed for “walk-thru” because there was adequate time for the material to be received through normal channels.

The applicant testified that he supplied the insecticide to the Korean national as unofficial compensation for  work performed but no substantiating testimony was presented.

There is nothing in the record to indicate that the applicant ever raised the issue of misconduct on the part of his superiors. 

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. There is no evidence  of record to support the applicant’s contentions and he provided none.

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

__FKM__  __INW__   __GDP_ _  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC90-10674B
AR1999014964	
SUFFIX		
RECON		
DATE BOARDED	19990804	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.