RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070007625 


	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:


Ms. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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 that his bad conduct discharge be upgraded to honorable.

2.  The applicant states, in effect, that due to medical reasons unbeknown to him at the time, he acted on the influence and orders of bad noncommissioned officers.  He suffered a lot.  He states that he did not receive the counseling and medical care that he needed and that sick call was a "joke."  His record prior to this bad influence was great.  He further states that his case should be reconsidered based on the length of time that has elapsed and on medical negligence on the part of the government.  

3.  The applicant provides no additional documentation.

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 AR20060008295, on 13 February 2007.

2.  The applicant's arguments constitute new evidence that requires Board consideration.

3.  Records show that the applicant received a summary court-martial and two nonjudicial punishments under Article 15, Uniform Code of Military Justice (UCMJ), prior to his receiving a special court-martial and bad conduct discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his misconduct was due to the bad influence and orders of noncommissioned officers.  However, he provides no supporting evidence or convincing argument.  His records do not provide any evidence to substantiate his argument.

2.  The applicant contends that the government was negligent with regard to his medical condition.  However, he has not provided any substantiating evidence or convincing argument.


3.  The applicant contends that his service was "great" prior to his special court-martial.  However, his record of service, which includes two nonjudicial punishments under the UCMJ and a summary court-martial conviction in the first 18 months, does not substantiate his opinion.

4.  In view of the above, the applicant’s request should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ LDS__  ___RSV _  _SWF __  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 AR20060008295, dated 13 February 2007.




_      Linda D. Simmons __
          CHAIRPERSON




INDEX

CASE ID
AR20070007625
SUFFIX

RECON
 
DATE BOARDED
20071025 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
110
2.

3.

4.

5.

6.