MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            18 February 1999
	DOCKET NUMBER:   AC98-12703
				   AR1998013145

	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.	Thomas N. Kuhn		Chairperson	
	Mr.	John P. Infante		Member	
	Mr.	James P. Steuve		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 (DD) be upgraded to an honorable or a general discharge.

APPLICANT STATES:  That he made a mistake when he was 20 years old and that he should not have be punished for the rest of his life.

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

On 19 September 1977, he enlisted in the Army for 4 years in the pay grade of E-1.  He successfully completed his training as a cannon crewman and on 19 September 1978, he was promoted to the pay grade of E-3.

Nonjudicial punishment (NJP) was imposed against the applicant on 23 August 1979, for wrongful possession of marijuana.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

He was counseled on 1 May 1980, for having alcoholic beverages in an unauthorized location, and on 15 July 1980, for missing movement.

On 8 September 1980, he had NJP imposed against him for threatening another soldier.  His punishment consisted of correctional custody and a forfeiture of pay.

He was counseled again on 20 March 1981, for being drunk at formation.

The applicant was convicted by a general court-martial on 22 June 1981, of stealing a camera by means of force and violence.  His sentence consisted of a DD, confinement at hard labor, a reduction in pay grade and a forfeiture of pay.

The sentence was approved by the appropriate authority.  Accordingly, on 31 March 1982, he was discharged under the provisions of Army Regulation 635-200, as a result of his court-martial conviction.  He had completed 3 years, 9 months and 3 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 offense 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 only 20 years old at the time that he committed the offense which resulted in his discharge has been noted by the Board.  However, his age is not sufficiently mitigating to warrant relief.  The character of the discharge is commensurate with his overall record of military service.

4.  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.

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

__tnk ___  ___jpi ___  __jps ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12703/AR1998013145	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/18	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	1982/03/31	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A67.31		
2.  A71.00		
3.  A72.00		
4.  126.000		
5.		
6.