MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 9 December 1998
DOCKET NUMBER: AC97-05408A
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.
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.
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 applicants 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 applicants 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 applicants 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 applicants 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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