MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            3 December 1998
	DOCKET NUMBER:   AC98-11342

	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. Joyce A. Wright		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Roger W. Able		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:  In effect, that his dishonorable discharge be upgraded to an honorable discharge, that his reentry (RE) code and separation program designator (SPD) be corrected to show a more favorable code, and that his narrative reason for discharge be corrected to show for convenience of the government.

APPLICANT STATES:  In effect, that his discharge was too harsh considering the nature of the offense, that his RE code of RE-4 should be changed to RE-1, and that his SPD code of JJD is incorrect.

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

He initially enlisted in the National Guard on 29 December 1980 and was honorably discharged for enlistment in the USAR on 30 August 1982.  

He enlisted in the USAR under the Delayed Entry Program on 31 August 1982
for a period of 4 years.  He enlisted in the Regular Army on 10 November 1982 for a period of 4 years.

On 2 August 1983, nonjudicial punishment (NJP) was imposed against the applicant for being AWOL from 7 July 1983 to 11 July 1983.  His punishment
consisted of a reduction to the pay grade of E-1, a forfeiture of pay, and 14 days restriction and extra duty.

On 23 September 1983, NJP was imposed against the applicant for assault.  His punishment consisted of a forfeiture of pay, and 30 days extra duty and restriction.  

He was convicted by a general court-martial on 19 July 1984 of four specifications of AWOL, of two specifications of failure to go to his appointed place of duty, for being disrespectful in language toward a noncommissioned officer, and of three specifications for wrongful appropriation of government property.  His sentence consisted of a forfeiture of all pay and allowances, 
18 months confinement at hard labor, and a dishonorable discharge.  He was
issued an RE code of RE-4 and a SPD Code of JJD.

On 26 September 1984, the Army Court of Military Review affirmed the findings and sentence as approved by the covening authority.

On 29 August 1985, he was dishonorably discharged pursuant to the sentence
of a general court-martial.  He had served 1 year, 2 months, and 8 days of total active service and had 587 days of lost time due AWOL and confinement.

Pertinent Army Regulations provide that prior to discharge or release from active
duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes. 

RE-4 applies to persons not qualified for continued service by virtue of being
separated from the service with a non-waivable disqualification.

Army Regulation 635-5-1 provides the SPD codes and reasons for separation form active duty.  The regulation in effect at the time, states in pertinent part,
that the code “JJD ” will be used when separation is warranted under the
provisions of AR 635-200, chapter 3, section IV, for separation as a result of
a court-martial conviction.

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.  Trail by court-martial was warranted by the gravity of the offense charged.
Conviction and discharge were effected in accordance with applicable law and regulations.

2.  The applicant had 587 days of lost time due to AWOL and confinement.
Considering the nature of his offenses and his otherwise undistinguished record of service, his discharge appears to be appropriate.

3.  At the time of his discharge the applicant was assigned the proper RE code  of RE-4 and SPD code of JJD.

4.  The applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.

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

___rwa__  ___elw __  ___js ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11342	
SUFFIX		
RECON		
DATE BOARDED	1998/12/03	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	1985/08/29	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON		
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1. A68.00		
2.		
3.		
4.		
5.		
6.