| Mr. Loren G. Harrell | Director | |
| Mr. W.W. Osborn, Jr. | Analyst |
| Ms. June Hajjar | Chairperson | |
| Mr. Fred N. Eichorn | Member | |
| Mr. Thomas B. Redfern, III | Member |
APPLICANT REQUESTS: In effect, reconsideration of his previous application to correct his records by upgrading his discharge.
APPLICANT STATES: In effect, that the bad conduct discharge (BCD) was inequitable because the other individual involved did not receive a BCD. He had gone to war and only came home only because his father died and his mother asked the Army not to send him, her only son, back. He points out that draft dodgers and deserts have been pardoned. He notes that he previously submitted letters attesting to his post-service life.
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 May .
The applicant’s request predates the earlier Board consideration, but the contention was not addressed at that time and was apparently not available. Therefore, this application is acted upon as a request for reconsideration.
The applicant’s contention constitutes a 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. Not all offenders in a given crime are equal. Not all persons tried or charged in conjunction with a single incident are equally involved or equally guilty and not all offenders respond to the law enforcement and legal systems in the same way. In light of the applicant’s guilty plea in exchange for a pretrial agreement, the Board finds no inequity in the fact that a co-defendant might not have received identical treatment.
2. Draft dodgers and deserters may have earned clemency under various programs that are not under the purview of this Board, but they have not been credited with honorable service nor authorized benefits they did not earn.
3. The applicant’s post service adjustment and accomplishments were noted without comment in the original consideration of his case. They are not so extraordinary as to warrant the requested relief.
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 | AC97-05408 |
| SUFFIX | A |
| RECON | YYYYMMDD |
| DATE BOARDED | 19981209 |
| TYPE OF DISCHARGE | (BCD) |
| DATE OF DISCHARGE | 19940303 |
| DISCHARGE AUTHORITY | SPCM . . . . . |
| DISCHARGE REASON | A68.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | A92.210 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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