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ARMY | BCMR | CY2002 | 2002067525C070402
Original file (2002067525C070402.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 16 May 2002
         DOCKET NUMBER: AR2002067525

         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. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Roger W. Able Member
Ms. Paula Mokulis 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: Reconsideration of his request to upgrade his undesirable discharge to honorable.

APPLICANT STATES: That all charges against him were fabricated in order to promote racism and hinder all minorities by any means because there was at the time a practice in the military to bar all black veterans from any benefits. He was scrutinized while he was in Korea because he was under a medical profile. He had received fragmentation wounds to his eyes, hands, fingers, chest, face, and legs. He was discriminated against because he had pseudo-folliculitis. He was having a very bad time shaving and in each duty station, other than Vietnam, he was singled out because of his beard. In 1968, he was court-martialed for refusing to shave. He had a medical profile then not to shave. As new evidence he provides a summary of his military medical treatment.

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 6 September 2001 (docket number AR2001058201).

On 8 May 1968, the applicant was convicted by a special court-martial of willfully disobeying a lawful order from a superior commissioned officer to get on the truck and move out for detail.

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. As noted in the original consideration of his case, the applicant’s record of misconduct while in Korea was not much different from his earlier record of misconduct. His contentions that he was earlier court-martialed for refusing to obey an order to violate his profile is inaccurate. He was court-martialed for refusing to move out for detail. His argument that he was being discriminated against while in Korea because of his medical profile against shaving is not convincing.

2. 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.

3. 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

__fne___ __rwa___ __pm____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

CASE ID AR2002067525
SUFFIX
RECON
DATE BOARDED 20020516
TYPE OF DISCHARGE UD
DATE OF DISCHARGE 19690722
DISCHARGE AUTHORITY AR 635-212
DISCHARGE REASON A50.00
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.



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