Title: APPLICANT REQUESTS: Reconsideration of his request for upgrading of his discharge under other than honorable conditions (UOTHC), which was denied by this Board on 23 November 1994
Author: WoodsHN

ABCMR Memorandum of                        AC93-08805A
Consideration (cont)

APPLICANT REQUESTS:  Reconsideration of his request for upgrading of his discharge under other than honorable conditions (UOTHC), which was denied by this Board on 23 November 1994.

APPLICANT STATES:  Essentially as in his initial request, that he was convicted of a crime for which he was not guilty and confined, by a civil government; that his commander was prejudiced against him; and, that the Army destroyed his life.

COUNSEL CONTENDS:  Counsel was silent on the issue.

EVIDENCE OF RECORD:  Incorporated herein by reference are military records which are summarized in a memorandum presented before this Board on 23 November 1994 (COPY ATTACHED).

The applicant has furnished no new or material evidence in support of his request.

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.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Trial by special court-martial was warranted by the gravity of the offenses charged and his history of repeated indisciplines.  His conviction was in accordance with applicable law and regulation.

3.  The applicant appeared before a board of officers who recommended, and was later approved, that he be discharged for unfitness.  The discharge appropriately characterizes the misconduct for which the applicant had a history and was convicted.

4.  In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION:  The original decision by this Board is reaffirmed.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Karl F. Schneider
						Acting Director