MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            18 February 1999
	DOCKET NUMBER:   AC98-12509
				   AR1998013171

	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 bad conduct discharge be upgraded to an honorable or a general discharge.

APPLICANT STATES:  That it has been 10 years since his discharge and he would like to have his rights restored.

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

On 3 January 1986, he enlisted in the Army for 4 years in the pay grade of E-2.  He was subsequently promoted to the pay grade of E-3 and he went to successfully complete his training as a light wheel vehicle mechanic.

Nonjudicial punishment was imposed against the applicant on 15 July 1987, for failing to remain awake while on guard duty.  His punishment consisted of a reduction in pay grade and a forfeiture of pay.

On 19 December 1988, the applicant was convicted by a general court-martial of conspiracy to commit assault, two specifications of wrongful use of marijuana, and assault with means likely to produce death or grievous bodily harm.  His sentence consisted of a bad conduct discharge, confinement, a reduction in pay grade and a forfeiture of pay.

The sentence was approved by the appropriate authoritity.  Accordingly, on 22 December 1989, he was discharged under the provisions of Army Regulation 635-200, as a result of his court-martial conviction.  He had completed 3 years, 1 month and 25 days of total active service.  He was issued a Bad Conduct 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.  Although it has been 10 years since the applicant’s discharge, 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

___thk __  __jps ___  __jpi ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12509/AR1998013171	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/18	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1989/12/22	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A68.00		
2.  A53.00		
3.  A67.70		
4.  A73.00		
5.  A74.00		
6.