| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: Reconsideration of his earlier appeal to correct his military records by upgrading his discharge.
APPLICANT STATES: In effect, that he does not consider his request for discharge in lieu of trial by court-martial to have been voluntary. In effect, if he had known the consequences he would have stayed and finished his enlistment. He has no recollection of ever talking to a lawyer, only to a sergeant, whom he was afraid he would make angry. He did not offer any statement in his own behalf because he was afraid of the sergeant.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in the decisional document prepared to reflect the Board's previous consideration of the case (AR2001056966) on 23 August 2001.
The applicant’s submissions are new argument that requires Board consideration.
Army Regulation 15-185 sets forth the policy and procedures for the ABCMR. It provides that, if a request for reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence that was not in the record at the time of the Board’s prior consideration. This includes but is not limited to any facts or arguments as to why relief should be granted. The staff of the Board is authorized to determine whether or not such evidence has been submitted.
The regulation provides further guidance for reconsideration requests that are received more than one year after the Board’s original consideration or after the Board has already reconsidered the case. In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision. If the staff finds such evidence, the case will be resubmitted to the Board. If no such evidence is found, the application will be returned without action.
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. Having completed initial active duty for training, the applicant obtained a discharge so that he could enlist in the Regular Army . He then served for 15 days before starting an absence without leave that lasted more than 3 months. He was separated based upon his request for discharge so that he could avoid the consequences of a trial by court-martial.
2. Although the applicant may now feel that his request was not voluntary and that he made the wrong choice, the record reflects that he did make the request and there is no evidence that he was coerced. Similarly, he may not recall consulting with a military lawyer but the record reflects that he did so and that he was advised of the possible consequences of his action.
3. Considering that the applicant had demonstrated the capacity for honorable service by completing his initial training but that his record is otherwise devoid of redeeming service, upgrading his discharge and entitling him to the benefits attendant thereto is clearly not in the interest of justice.
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
__WTM__ __CLG__ __RKS __ DENY APPLICATION
Carl W. S. Chun
| CASE ID | AR2001064185 |
| SUFFIX | |
| RECON | This applies only to ADRB |
| DATE BOARDED | 20020402 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | |
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