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ARMY | BCMR | CY1980-1989 | 8309608A
Original file (8309608A.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 9 December 1998
         DOCKET NUMBER: AC83-09608A


         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
Mr. Gerald E. Vandenberg Analyst


The following members, a quorum, were present:

Ms. June Hajjar Chairperson
Mr. Fred N. Eichorn Member
Mr. Thomas B. Redfern, III 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 application to correct his records by upgrading his discharge.

APPLICANT STATES: In effect, that he has suffered enough for the transgressions of his youth and the effects of alcohol. He indicates that he had a mental health evaluation that found him to be immature and undisciplined due to coming from a deprived background. He again avers that he was unsuitable for service due to this immaturity.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 28 March 1984 .

The applicant submits the new argument that his immaturity and lack of self discipline was further impaired by his introduction to and abuse of alcohol while on active duty.

Incorporated herein by reference are military records which show that the applicant was 17 years old at the time of entrance on active duty. He completed basic training without reported incident and was given proficiency and conduct marks of excellent.

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. As noted in the prior reviews, the applicant had 102 days of AWOL, 284 days of confinement and only 154 days of good time.

2. There is no evidence in the record of any alcohol related problems nor has the applicant provided any collaborating information of his having an alcohol problem caused or contributed to his going AWOL for extended periods.

3. As brought out in the prior review, the applicant was afforded a mental status evaluation at the time of his discharge. This exam did not find him to be suffering from any mental or emotional problems. The applicant’s deprived background, as reported by the applicant, is noted but in the absence of evidence that he was unable to tell right from wrong or to adhere to the right, it does not demonstrate a error or inequity in the decision.



4. The mental health examination specifically addressed the issue of unsuitability and rendered the opinion that psychologically he fit criteria for separation for undesirability rather than unsuitability.

5. Further, the completion of basic training with excellent marks demonstrates that the applicant had the capability to serve by doing so.

6. 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.

7. 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

__JN____ ___FNE__ ___TBE__ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director



INDEX

CASE ID AC83-09608
SUFFIX A
RECON YYYYMMDD
DATE BOARDED 19981209
TYPE OF DISCHARGE
DATE OF DISCHARGE 19601212
DISCHARGE AUTHORITY AR 635-208
DISCHARGE REASON A51.00
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 123.01
2. A93.01
3. A93.03
4. A93.19
5.
6.




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