MEMORANDUM OF CONSIDERATION

IN THE CASE OF:    

BOARD DATE:          1 July 1999
DOCKET NUMBER:  AC90-09035A
		             AR1999015972

	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	
	Ms. P. A. Castle		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		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 request to upgrade his undesirable discharge.

APPLICANT STATES:  In effect, that at the time of discharge he was young and immature, and he feels he should not have to be punished for life for going AWOL.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum of record (MOC) prepared to reflect the Board's original consideration of his case on                    12 June 1991 (COPY ATTACHED).

The applicant’s contention that his discharge should be upgraded because his behavior was mitigated by youth and immaturity, is new argument requiring Board consideration. 

Evidence of record shows that the applicant enlisted on 8 August 1968.  He successfully completed basic airborne training and advanced individual training and was awarded the Parachutist Badge.

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 contentions that he was young and immature are without merit in light of the fact that he demonstrated the capacity for honorable service by to completion of basic and advanced training.

2.  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.

3.  Prior to reaching the determination that it was not in the interest of justice to excuse the failure to timely file, the original Board looked at the entire file.  It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations.  Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit.  The Board has never denied an application simply because it was not submitted within the required time.

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

__JHL_ _  __FDM__  ___SK_  _  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC90-09035A
AR1999015972	
SUFFIX		
RECON	 	
DATE BOARDED	19990701 	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19700313	
DISCHARGE AUTHORITY	AR 635-200 . . . . .  	
DISCHARGE REASON	CH 10	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A70.00	
2.	110.00	
3.		
4.		
5.		
6.