IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080006424
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his earlier request for upgrade of his bad conduct discharge.
2. The applicant states that he would like reconsideration based on his new evidence.
3. The applicant provides a letter of support from a friend, and a copy of a criminal record search for Mecklenburg County, North Carolina.
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 AR20060014067, on 26 April 2007.
2. The applicant provides as new evidence a copy of his criminal record and a letter from a friend.
3. The applicant enlisted in the Regular Army in 1975. He was convicted by a Special Court-Martial for violating a lawful general regulation, for possession of an unregistered handgun, of robbing marijuana from another Soldier, and for the wrongful possession of some quantity of marijuana. He was sentenced to a bad conduct discharge and was accordingly so discharged on 21 October 1980.
4. The letter of support, undated, and written by the applicant's friend, states that the applicant has been a trusted friend, confidant, and his barber for 10 years. He has always admired the applicant's strong work ethic, level of enthusiasm for his craft, and his positive outlook on life. The applicant always has inspirational words of wisdom for young men and women. The applicant's career and his involvement in the community have allowed him to touch many lives. The applicant has defended our country and earned our respect and admiration with his blood, sweat and tears. He met or exceeded the required standards of duty performance and personal conduct. Overall, the applicant is dependable, supportive, well disciplined, responsible and stable. He has reached and exceeded personal and professional goals. His strong will to succeed and make a difference is an inspiration.
5. The criminal records search, dated November 5, 2007, provided by the applicant shows that he was found guilty on three occasions for misdemeanor traffic offenses since 1984.
DISCUSSION AND CONCLUSIONS:
1. The new evidence provided by the applicant has been carefully reviewed.
2. The applicants reported good post-service conduct was considered. However, it does not sufficiently mitigate his repeated and excessive acts of indiscipline during his military service.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X____ 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 AR20060014067, dated 26 April 2007.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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