MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            3 December 1998
	DOCKET NUMBER:   AC98-11590

	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 bad conduct discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that prior to completion of his tour, he faced racial discrimination from his commander, which impaired him to serve to the best of his ability.  

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

He enlisted on 14 August 1989 for a period of 4 years.  He successfully 
completed his training and was transferred to Germany for duty as a light
weapons infantryman.    

He was convicted by a special court-martial on 7 May 1992 for driving without a
license, fleeing the scene of an accident, assault consummated by battery, and
of four specifications of wrongfully obtaining services (international phone calls).
His sentence consisted of a forfeiture of pay, 3 months confinement, and a bad conduct discharge.  

On 8 July 1992, the Army Court of Military Review affirmed the findings and sentence as approved by the covening authority.

On 22 January 1993, the applicant was discharged from the Army pursuant to the sentence of a special court-martial and was issued a Bad Conduct Discharge Certificate.  He had served 3 years, 2 months, and 26 days of total active service
and had 74 days of lost time due to confinement.

The applicant applied to the Army Discharge Review Board (ADRB) for an
upgrade of his discharge on 12 April 1994.  At the time he applied to that board he contended that he was young, and did not know what he wanted, but that he is now more mature and he knows that he wants to be in the Army.  He further stated that he has paid for the mistakes he made and be believes he should be given a chance to show that he can make it in the military.  The ADRB determined that his discharge was proper and equitable, and denied his request on 28 December 1995. 

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 offense charge.  Conviction and discharge were effected in accordance with applicable law and regulation
2.  The applicant had 74 days of lost time due to confinement.  Considering the nature of his offenses and his otherwise undistinguished record of service, his discharge appears to be appropriate.

3.  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.

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

__rwa___  ___elw __  ___js ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

	AC98-11590	
SUFFIX		
RECON	 	
DATE BOARDED	1998/12/03	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1993/01/22	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1. A68.00		
2.		
3.		
4.		
5.		
6.