IN THE CASE OF:
BOARD DATE: 17 July 2008
DOCKET NUMBER: AR20080007701
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 denial for an upgrade of his discharge.
2. The applicant's statement is provided by his counsel.
3. The applicant's evidence is submitted by his counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests reconsideration of the applicant's denial for an upgrade of his discharge.
2. In a 3 June 2008 statement, counsel states, in effect, that the Army Board for Correction of Military Records (ABCMR) rendered its last decision in the applicant's case without affording counsel an opportunity to submit a statement in the applicant's behalf. Counsel opined that the applicant presented his issues amply in his application and that his contentions substantially reflect the probative facts needed for an equitable review of his case.
3. Counsel provides a self-authored statement by the applicant, dated
1 December 2007, and 14 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. His case was reconsidered in ABCMR Docket Number 20070017538, dated 15 April 2008.
2. The applicant was discharged on 21 February 1990, under the provisions of Army Regulation (Enlisted Personnel Separations) 635-200, paragraph 14-12c, for misconduct illegal use of drugs. His service was characterized as general, under honorable conditions.
3. Counsel provides a copy of a self-authored statement from the applicant, dated 1 December 2007. This statement was reconsidered in ABCMR Docket Number 20070017539 on 15 April 2008. Therefore, this is not new evidence for the Board's consideration.
4. Counsel provides copies of 14 letters of support which were also carefully reconsidered in ABCMR Docket Number 20070017539. Therefore, this evidence is not new.
5. Counsel's statement on behalf of the applicant rests on the applicant's previous contentions which were in evidence during the Board's prior reviews. Therefore, this is not considered as new evidence. Counsel contends that the probative facts needed for an equitable review are in evidence and rests his case on the current evidence of record. As such, counsel has not provided any new arguments on behalf of the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant and his counsel seek reconsideration of the Board's previous denials of the applicant's request for an upgrade of his discharge because the Board allegedly made its previous decision before his counsel was given the opportunity to provide a supporting statement.
2. Counsel provided a written statement on behalf of the applicant on 3 June 2008. However, this statement relies on arguments, contentions, and evidence which was previously reviewed and considered. Therefore, counsel has failed to provide new argument and/or evidence for consideration by the Board.
3. Given the above, there is no basis to change the Board's previous decision.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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 AR200600071441, dated 30 November 2006.
XXX
_ _______ ___
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.
ABCMR Record of Proceedings (cont) AR20080007701
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ABCMR Record of Proceedings (cont) AR20080007701
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