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ARMY | BCMR | CY2002 | 2002070571C070402
Original file (2002070571C070402.rtf) Auto-classification: Denied


MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 25 June 2002
         DOCKET NUMBER: AR2002070571

         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
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Mr. Elzey J. Arledge, Jr. Member
Mr. Thomas Lanyi 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 for an upgrade of his blue discharge.

APPLICANT STATES: In effect, that he did well until he reenlisted and was reassigned to Fort Sill, OK. He was so far from home. He received word that his fiancée was cheating on him. He asked for an emergency leave but his commander refused his request. He was 19 years old, headstrong and thought he knew everything and used poor judgment. He went absent without leave (AWOL). After two weeks he knew he did the wrong thing. He broke up with his fiancée and went back to face the music. He was court-martialed and spent a couple of months in the stockade. It was just punishment but he never got adjusted afterwards. He went AWOL again, served more time, and finally asked for a blue discharge. If he knew then what he knows now, he would never have asked for one. He has been married for 54 years and raised two great sons with good families. He has never been arrested. He thinks he is a pretty good Christian man.

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 27 March 2001 (docket number AR2000050200).

The applicant provides a summary of his service during World War II and two character witness statements.

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 is cognizant of the applicant’s good post service conduct and his prior good service during World War II (for which he received an honorable discharge); however, these factors do not warrant granting the relief requested.

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

__JNS__ __EJA__ __TL___ DENY APPLICATION



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



INDEX

CASE ID AR2002070571
SUFFIX
RECON
DATE BOARDED 2002/06/25
TYPE OF DISCHARGE UD
DATE OF DISCHARGE 1947/02/27
DISCHARGE AUTHORITY AR 615-368
DISCHARGE REASON A50.00
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.




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