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ARMY | BCMR | CY1990-1993 | 9107374A
Original file (9107374A.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 2 December 1998
         DOCKET NUMBER: AC91-07374


         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. W.W. Osborn, Jr. Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. George D. Paxson Member
Mr. John H. Kern 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: In effect, reconsideration of his previous application to correct his records by upgrading his discharge. The discharge review board (DRB) can only accept a request that is submitted within 15 years of the date of the discharge. Therefore, his application to the DRB is treated as a request for reconsideration of his previous request to this Board.

APPLICANT STATES: In effect, that he was young and immature, that the pressure of duty in Vietnam on his family and himself caused him to go AWOL. He also started using drugs in Vietnam. He believes that his Vietnam experience caused him physical and emotional pain. He regrets the mistakes he made in his youth.

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 23 October 1991 (COPY ATTACHED).

The applicant’s contentions constitute new argument that requires Board consideration.

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 contention that he was young and immature is outweighed by the fact that he completed training was advanced to pay grade E-3 and had served on active duty for approximately 9 months before the first offense of record.

2. His assertions of family problems are noted but these unsubstantiated factors are not so extraordinary as to warrant the requested relief.

3. The applicant offered no rationale for accepting illegal drug abuse as mitigation for itself and other offenses.

4. 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.

5. 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.

6. 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.


NOTE:

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

RVO_____ GDP_____ JHN_____ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director



INDEX

CASE ID AC91-07374
SUFFIX A
RECON
DATE BOARDED 981202
TYPE OF DISCHARGE (UD)
DATE OF DISCHARGE 611026
DISCHARGE AUTHORITY AR 635-200 .
DISCHARGE REASON A70.00
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 110.02
2.
3.
4.
5.
6.




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