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ARMY | BCMR | CY1997 | 9710817A
Original file (9710817A.rtf) Auto-classification: Denied
APPLICANT REQUESTS: The applicant requests a reconsideration of his previous application to upgrade his discharge.

APPLICANT STATES : In effect that upon his return from Vietnam he could not adjust to non-combat service.

NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 5 June 1991 (COPY ATTACHED).

The applicant’s claim that after he returned from Vietnam it was hard for him to participate in war games, the very memories he was trying to forget, constitutes new evidence. He contends seeing friends being shot, getting ambushed, being wet and living outside for months and risking his life for his country should get him care at a veterans hospital.

In support of his post service record the applicant submits a letter from The First Apostolic Church dated 9 June 1997 that attests to his strong moral character and vigor to live the life of a good citizen.

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 contention by the applicant that his problems started after he returned from Vietnam as a result of his inability to adjust, are unfounded since the record shows he was convicted by a Special Court-Martial while in Vietnam for committing an assault on a soldier.

2. The Board acknowledges the applicant’s religious convictions as evidence of post service behavior however, this factor is not so exceptionally meritorious as to warrant an upgrade of the discharge.

3. Prior to reaching the determination that it was not in the interest of justice to excuse the failure to timely file, the Board looked at the entire file. It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit. The Board has never denied an application simply because it was not submitted within the required time.

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
:

________ ________ ________ EXCUSE FAILURE TO TIMELY FILE

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ CONCUR WITH DETERMINATION




                  Loren G. Harrell
                  Director

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