MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 January 1999  
	DOCKET NUMBER:   AC98-13033
                                              AR1998012306

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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:  That his bad conduct discharge be upgraded to honorable.

APPLICANT STATES:  In effect, that his record of service be reviewed and that based on his record of service his discharge be upgraded.

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

The applicant enlisted in Jackson, Mississippi on 18 June 1991 for a period of 3 years and 15 weeks, training as a field artillery cannon crewman, and assignment to Fort Ord, California.

He successfully completed his training and was transferred to Fort Ord on 6 October 1991.  He was advanced to the pay grade of E-3 on 18 June 1992.

On 10 December 1993 the applicant was convicted by a general court-martial of two specifications of rape and one specification of violating a lawful general regulation.  He was sentenced to be confined at hard labor for 1 year and to be discharged with a bad conduct discharge.

On 4 January 1996 the Army Court of Criminal Appeals affirmed the findings and sentence as approved by the convening authority. 

Accordingly, the applicant was discharged with a bad conduct discharge on 11 February 1997 pursuant to the sentence of a general court-martial.  He had served 4 years, 10 months, and 7 days of total active service and had 287 days of lost time due to confinement. 

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 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.

2.  The type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.

3.   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.

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

__kn ____  __jpi____  ___fe ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-13033/1998012306	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/21	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1997/02/11	
DISCHARGE AUTHORITY	GCM 	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  105.0100		
2.		
3.		
4.		
5.		
6.