RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 October 2007 DOCKET NUMBER: AR20070009546 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. Hubert O. Fry, Jr. Chairperson Mr. Michael J. Flynn Member Mr. William Blakely Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his earlier request for upgrade of his discharge under other than honorable conditions to under honorable conditions. 2. The applicant states, in effect, that he should never have been permitted to enter the Armed Forces. He further relates how he has limited resources and is currently incarcerated for driving under the influence. He talks about his pending appeal and how he would not have spent one day in jail had he hired the right lawyer. The applicant speaks at length about his life from the age of 17 years when he worked as a welder prior to entering the United States Army, to his going to basic training and advanced individual training. He states that he broke his right wrist and that shortly afterward he developed respiratory problems that caused him to be unable to work. He states that he does not understand why all of this has not been investigated. 3. The applicant provides two 4-page letters dated 27 June and 18 July 2007. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060016454, on 12 June 2007. 2. The applicant argues in his letter dated 27 June 2007, that he attended schools for the handicapped from 1967 to 1973 and that his mother can be contacted for further information. He further contends that his mother told the Army recruiter that he should not enter the Army because he would never make it. 3. The applicant provides in his letter dated 18 July 2007, a series of statements about his work prior to entering the Army; his completion of basic training and advanced individual training; his broken right wrist and respiratory problems; his inability to work due to the pain in his wrist; and his eventual incarceration for driving under the influence. 4. The applicant repeatedly argues that his various assertions should be investigated. 5. Army Regulation 15-185 (Army Board for Correction of Military Records) states in paragraph 2-2c that the Board, "will decide cases on the evidence of record. It is not an investigative body." DISCUSSION AND CONCLUSIONS: 1. The applicant submits additional arguments to support his contention that he should never have been permitted to enter the Armed Forces and that he was unable to perform his duty. However, he does not provide any evidence to substantiate any of his arguments. Therefore, the applicant’s request should not be granted. 2. The applicant had the responsibility to provide evidence to support his various contentions. The Board does not have the authority to investigate his claims. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _ HOF __ _WB____ __MJF __ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060016454, on 12 June 2007. ___ Hubert O. Fry, Jr ____ CHAIRPERSON INDEX CASE ID AR20070009546 SUFFIX RECON DATE BOARDED 20071023 TYPE OF DISCHARGE UOTHC DATE OF DISCHARGE 19780217 DISCHARGE AUTHORITY AR .635-200 . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 144 2. 3. 4. 5. 6.