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ARMY | BCMR | CY2002 | 2002068333C070402
Original file (2002068333C070402.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 23 May 2002
         DOCKET NUMBER: AR2002068333

         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. Mark D. Manning Chairperson
Mr. Lester Echols Member
Ms. Karen Y. Fletcher 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 a general discharge under honorable conditions.

APPLICANT STATES: That, except for his last period of being absent without leave (AWOL), his record indicates only minor offenses. He felt he had to go AWOL the last time to get out from under the commander who vowed to put him out of the service. He knows of two other people who did worse, one who had been AWOL for 30 years and the other a Native American, neither of whom wanted to be in the service but who got their discharges upgraded.

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 16 August 2001 (docket number AR2001058046).

As additional evidence the applicant provides letters of support from his mother and from his brother.

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 Board has taken cognizance of the applicant’s age, family problems, and his good post-service conduct; however, none of these factors warrant the relief requested.

2. The applicant’s argument that others have had their discharges upgraded is insufficient. Each case is decided on its own merits when an applicant requests a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.

3. Many other men have entered the Army at a very young age and successfully completed their terms of service. It would not be equitable to grant the requested relief to the applicant considering his record of service.

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

__mdm___ __le____ __kyf___ DENY APPLICATION



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



INDEX

CASE ID AR2002068333
SUFFIX
RECON
DATE BOARDED 20020523
TYPE OF DISCHARGE UOTHC
DATE OF DISCHARGE 19640724
DISCHARGE AUTHORITY AR 635-208
DISCHARGE REASON A50.00
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.



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