MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            25 February 1999
	DOCKET NUMBER:   AC98-12715
				   AR1998013127

	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.	Deyon D. Battle		Analyst	

	The following members, a quorum, were present:

	Mr.	James M. Alward		Chairperson	
	Ms.	Jennifer L. Prater		Member	
	Mr.	Samuel Calderon		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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 dishonorable discharge be upgraded to a general discharge.

APPLICANT STATES:  That he allowed himself to become burdened with someone else’s problems.  He states that he was a young man who had never been away from home when he joined the Army and he met a woman with four children.  He further states that the woman that he met had financial problems and he believed that he could be of assistance to her.  He states that, although he soon found that he had placed himself in a situation that he could not handle, her problems, he could not abandon her when times were difficult.  He continues by stating that he needed some quick cash and went about getting it the wrong way.  He states that he is not trying to condone his actions because he knows that he made a terrible mistake.  He goes on to state that since his discharge, he has graduated from junior college and he has gotten a bachelors degree in Management Science.  He concludes by stating that he cannot change his past, however, if society does not give a man another opportunity then he cannot show that he is truly remorseful and that he has already been punished severely for what he has done.  In support of his appeal, the applicant submits a copy of an associates degree dated August 1992, indicating that he completed a 2-year college course in Arts and a copy of a Bachelor of Science Degree dated 21 May 1995.

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

On 5 January 1983, he enlisted in the Army for 3 years, at the age of 20, in the pay grade of E-1.  He successfully completed his training as a calvary scout.

A review of the records reveals that the applicant was AWOL from 4 April 1984 through 6 April 1984.  However, there is no evidence in the available records which shows that he received any punishment for being AWOL.

On 2 May 1984, the applicant was convicted by a general court-martial of burglariously breaking and entering into the dwelling room of another soldier with the intent to commit larceny, therein and of stealing two gold colored watches, of a value in excess of $100.00.  His sentence consisted of a dishonorable discharge, confinement at hard labor, a reduction in pay grade and a forfeiture of pay.

The sentence was affirmed by a court of military review on 14 September 1984. Accordingly, on 28 June 1985, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3 as a result of court-martial conviction.  He had completed 1 year, 3 months and 19 days of total active service.  He was issued a Dishonorable Discharge Certificate.
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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.  The Board notes that the applicant was over 21 years of age at the time he committed the offenses which lead to his conviction by a general court-martial.

4.  While the Board has taken cognizance of the his good post-service conduct; it is not sufficiently mitigating to warrant an upgrade of his discharge.

5.  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

__sc____  __jlp ____  ___ja ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12715/AR1998013127	
SUFFIX		
RECON		
DATE BOARDED	1999/02/25	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	1985/06/28	
DISCHARGE AUTHORITY	 AR635-200, ch 3	
DISCHARGE REASON	CM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  105.010		
2.  123.010		
3.  		
4.  		
5.		
6.