| Mr. Loren G. Harrell | Director | |
| Ms. L. L. Harrison | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Fred N. Eichorn | Member | |
| Mr. Thomas B. Redfern, III | Member |
APPLICANT REQUESTS: Reconsideration of his previous application to correct his records by upgrading his discharge.
APPLICANT STATES: In effect, that his conduct and efficiency ratings were excellent until he sustained a head injury. He cites medical record entries to substantiate his case. He avers that statements against him by his chain of command were untrue, but that they made him afraid of trying to finish his enlistment. He relates that he suffered dizziness and blackouts that interfered with his ability to soldier. After discharge he developed a Grand Mal seizure disorder as the result of the head injury. He believes that his 461 days of creditable service outweighs his 72 days of lost time. He states that he had only one blemish on his record (for sleeping on guard duty while in basic training). He believes that the letters of commendation he received in basic training were not considered in the previous reviews. In response to the Board’s Reconsideration Project, he submitted a letter from the Army Reserve Personnel Center about the time delay in obtaining a decision and one from the staff of the Board stating he had offered nothing new.
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 June 1989 (COPY ATTACHED).
The applicant’s medical record shows that he sustained a concussion and facial lacerations in the line of duty on 25 April 1965. His medical records also show that he was diagnosed on 30 January 1966 with a “probable hysterical reaction” and that on 13 February 1966 he was evaluated in the hospital after being “allegedly found unconscious in the stockade.”
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. The applicant’s repeated acts of misconduct, as evidenced by three nonjudicial punishments under Article 15, UCMJ and two special court-martial convictions, outweigh the redeeming aspects of his overall record of service including the number of days creditable service and any letters of commendation he may have received.
2. Aside from his own assertions, there is no evidence that the comments by his chain of command reflect anything but the considered professional opinion of those individuals.
3. There is no available medical evidence to relate a current seizure disorder to the April 1965 concussion. In the absence of evidence that, at the time of his misconduct and/or separation, the applicant was so impaired by mental, emotional or physical problems that he could not tell right from wrong and adhere to the right his assertion of these kinds of problems does not show an injustice in the discharge.
4. 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.
5. 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
___JH___ ___FNE_ ___TBR__ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC88-06722 |
| SUFFIX | F |
| RECON | |
| DATE BOARDED | 19981209 |
| TYPE OF DISCHARGE | (UD) |
| DATE OF DISCHARGE | 19660328 |
| DISCHARGE AUTHORITY | AR 635-208 |
| DISCHARGE REASON | A51.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | A51.00 |
| 2. | 126.00 |
| 3. | A93.21 |
| 4. | |
| 5. | |
| 6. |
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