IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090021226 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his earlier request to upgrade his discharge under other than honorable conditions to honorable.

2.  The applicant states he received an illness while in the Army that  is "going to take him to his grace."  He has been working with it daily.  His life will never be the same [as it was].  He has herpes in his eye.

3.  The applicant provides, in support of his application, copies of a patient education sheet titled "Genital Herpes," an illegible copy of his DD Form 214 (Report of Separation from Active Duty), a doctor's prescription for Valtrex, a medical treatment record from a walk-in care center, a letter from the Disabled American Veterans National Service Office to the Department of Veterans Affairs (VA) supporting a claim for VA benefits, and a VA Form 21-4138 (Statement of Support of Claim) requesting the status of his VA claim.

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 AR20090007794, on 15 September 2009.

2.  The applicant has provided new evidence that requires Board consideration.

3.  In the original Record of Proceedings the Board found that the facts and circumstances surrounding the applicant's discharge from the Illinois Army National Guard on 3 September 1982 were unavailable for review.  Accordingly, the Board was obligated to presume what had happened in the applicant's case was administratively correct and in conformance with applicable regulations.

4.  The additional documentation provided the applicant clearly shows that he was prescribed Valtrex for herpes and is pursuing a claim with the VA.  It does not show when he became ill or under what circumstances.

5.  Army Regulation 135-178 (Separation of Enlisted Personnel) serves as the authority for separation of enlisted personnel in the Army National Guard.  The regulation, as in effect at the time, provided that personnel discharged under chapter 7 for misconduct or other patterns or acts of conduct would be discharged under other than honorable conditions.  It stated that the honorable characterization of service was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and performance of duty for military personnel, or was otherwise so meritorious that any other characterization would be clearly inappropriate.  A general discharge was warranted when significant negative aspects of the Soldier's conduct or performance outweighs positive aspects of the Soldier's military record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his discharge under other than honorable conditions should be upgraded to honorable because he received an illness while in the Army.

2.  The new evidence provided by the applicant does not show that his administrative discharge was unjust or in error.

3.  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.

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






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  ____x____  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 AR20090007794, dated 15 September 2009.




_________ _    _x______   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.




ABCMR Record of Proceedings (cont)                                         AR20090021226





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ABCMR Record of Proceedings (cont)                                         AR20090021226



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