MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 February 1999  
	DOCKET NUMBER:   AR1998012588

	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. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		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:  That his bad conduct discharge be upgraded.  

APPLICANT STATES:  In effect, that it has been 16 years since he was discharged from the Army and he has been unsuccessful in his attempts to get his discharge upgraded.  He claims that he is a 40 year old man with a bad conduct discharge, he served his time, it’s been over 10 years and he asks that justice be considered.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Army National Guard on 26 October 1976 for a period of 6 years.  On 8 April 1979 he was discharged from the Army National Guard with a general discharge and involuntarily ordered to active duty for
19 months and 20 days.  

On 19 July 1979, while stationed at Fort Hood, Texas, nonjudicial punishment (NJP) was imposed against the applicant for being disorderly in quarters.  His punishment consisted of a reduction to pay grade E-1 (suspended), a forfeiture of pay and 14 days of extra duty and restriction.

On 14 December 1979, while stationed at Fort Hood, Texas, NJP was again imposed against the applicant for being drunk on duty.  His punishment consisted of a reduction to pay grade E-2 (suspended), a forfeiture of pay and 14 days of extra duty and restriction.

The applicant was convicted by special court-martial on 4 April 1980 of being disorderly in quarters, committing assault and battery, communicating a threat, and failing to obey a lawful order.  He was sentenced to be discharged from the service with a bad conduct discharge, confinement at hard labor for 3 months, forfeiture of $299 pay per month for 4 months and a reduction to pay grade E-1.  The convening authority approved the sentence on 21 May 1980. 

The Court of Military Review affirmed the findings and sentence of the special court-martial on 27 February 1981.

Accordingly, he was discharged pursuant to his court-martial conviction on
21 July 1981 and was issued a Bad Conduct Discharge Certificate.  He had served 2 years, 5 months, and 8 days of total active service and had 75 days lost due to confinement.

There is no indication in the available records that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge.
 
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.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were affected in accordance with applicable law and regulations. 

2.  The type discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

3.  The Board notes that it has been almost 18 years since his discharge, but feels that the applicant has failed to submit sufficient evidence to warrant an upgrade of his discharge.

4.  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

___inw__  __vbc___  ___cjs__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12662/AR1998012588	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/11	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1981/07/21	
DISCHARGE AUTHORITY	SCM	
DISCHARGE REASON	SCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  105.010		
2.  A68.00		
3.		
4.		
5.		
6.