RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 AUGUST 2006
      DOCKET NUMBER:  AR20050013539


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of his previous request to have
his records corrected by removing his bar to reenlistment, showing his rank
as E-3 or E-4, and award of the Army Good Conduct Medal.

2.  The applicant states that his right to due process and legal counsel
through his power of attorney (American Legion) were violated when his case
was initially seen by this Board.  He further states that his disciplinary
problems during his second enlistment were caused by prescribed medication
issued to him by the military as a result of an operation at Walter Reed
Army Medical Center, which left him disabled.  He believes that had the bar
to reenlistment not been placed in his files he would have qualified for
the Good Conduct Medal, and that there is no evidence that he had poor
conduct, or that he had no trouble maintaining his rank prior to his
injuries.

3.  The applicant provides no evidence in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's original
unfavorable decision.

2.  Counsel offered no comments concerning the applicant's discharge
request, and rested on the evidence of record, with the belief that the
Board's final decision would be equitable and consistent in law, regulation
and policy.

3.  Counsel provides no evidence in support of the applicant's request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20040009133, on 4 August 2005.

2.  On 11 October 1982, a Medical Narrative Summary shows that the
applicant was involved in a motor vehicle accident, and opted for surgical
treatment.  The Medical Evaluation Board found him unfit for continuation
on active duty and recommended his separation from the service.  The
Physical Evaluation Board
recommended separation with severance pay.  The majority of the applicant's
misconduct, to include his bar to reenlistment, occurred prior to the
applicant's surgical procedure.

3.  On 6 October 2004, the American Legion forwarded the applicant's
initial request for Board consideration, and made no comments in support of
his request.

4.  On 11 May 2005, under separate cover, the applicant forwarded a copy of
the contents of his Military Personnel Records Jacket (MPRJ).

5.  On 19 July 2006, the American Legion submitted a statement regarding
the applicant's reconsideration request, which stated, "Following review of
the available documentation we offer no additional comments and,
accordingly rest on the evidence of record.  The American Legion's express
purpose in providing statements, and any other submittals or opinions of
record, is to aid the petitioner in the proper resolution of any error or
injustice raised."

6.  The applicant reiterates concerns from his initial request, to include
award of the Good Conduct Medal, which is not new evidence and was
sufficiently addressed in his initial consideration.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant contends that his right to due process and legal
counsel through his power of attorney (American Legion) were violated, the
American Legion made no comments at the time of his initial request.
Furthermore, their 19 July 2006 statement concerning his reconsideration
request provided no additional comments and, left the decision to the
discretion of the Board.

2.  The applicant has once again detailed his contentions; however, his
initial consideration appropriately addressed his misconduct and explained
why he was not qualified for the Good Conduct Medal.

3.  There is no evidence in the available records nor did the applicant
provide documentation that shows his surgical procedure caused his
misconduct.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JM ___  __SF____  ___RH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket Number AR20040009133, dated 4 August 2005.




                                  ____Jeanette McCants_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050013539                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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