RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20070017538
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.
Director
Analyst
The following members, a quorum, were present:
M
Chairperson
M
Member
M
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 earlier request for upgrade of his general, under honorable conditions discharge. He also requests to personally appear before the Board.
2. The applicant states, in effect, that he was never told by anyone that he could apply for a discharge review. Because of this he is now applying for an appeal based on new information. He further states that he would like to meet the Board. He thinks meeting with the Board will show them that he is "
about the nicest guy they ever met."
3. The applicant provides copies of fourteen letters of support.
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 AR20060007141, on 30 November 2006.
2. The applicant provides in a two-page statement what he calls "new information." In effect, he states that he is a prototypical service-brat. He grew up on [United States] Air Force bases and lived in New York, Michigan, Turkey, Nebraska, and Washington D.C. He was a straight "A" student and an athlete of the year. He attended the University of Maryland on a track and field scholarship and was awarded a bachelor degree in business administration. He went into business for 9 years and then decided to follow his father's footsteps by entering the military. He enlisted with the expectation of going to Officer Candidate School (OCS). He further states that due to health issues with his mother and wife, he dropped out of OCS and was assigned for duty at Fort Bragg, North Carolina. The applicant states that he was [inappropriately] counseled for insubordination. He also recalls the night of his total stupidity and admits that he was "guilty as charged". He explains how ashamed he is about that night and how he has depressing thoughts about it everyday. He contends that if he could do it over, he would have fought the discharge because there were other Soldiers in other units that did the same thing but only received nonjudicial punishment. The applicant states that he is now 51 years of age, has never been arrested and never will be arrested. Things have been tough since being discharged. However, he has become a very successful golf professional and a substitute teacher. He organizes public golf clinics for local governments.
3. The applicant further states that since that night 17 years ago, he has never had a drug problem. He would like nothing better than to show his aging mother an Honorable Discharge Certificate instead of being the "black sheep" of the family.
4. The fourteen letters of support provided by the applicant consist of a letter, dated in 1986, from a high school principal thanking the applicant for his taking the time to come to the school and impart his wealth of knowledge to the students. The thirteen additional letters are from parents who have had children involved in the applicant's "First Tee Program." The letters essentially applaud the program and thank the applicant for providing a positive and valuable experience for the children.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted.
2. The applicant clearly admits that he was guilty of the misconduct. He does not provide any evidence or convincing argument showing that his discharge was in error or unjust.
3. The applicants good post-service conduct is noted. However, it does not sufficiently mitigate his indiscipline during his military service.
4. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ PHM __ __KSJ__ ___JGH _ 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 AR20060007141, dated 30 November 2006.
_______ _ PHM ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017538
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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