MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 January 1999 
	DOCKET NUMBER:   AC98-12839
                                              AR1998012307

	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 at least an honorable discharge.

APPLICANT STATES:  In effect, that he only made one isolated mistake in over 4 years of service and unjustly received a bad conduct discharge.  He further states that that one mistake has been tough on him and his family and that they all deserve another chance because he has paid for his mistake.  He also states that drugs and alcohol have been a negative influence in his life and he needs help.  He continues by stating that he is currently incarcerated and has applied for the drug program provided by the bureau of prisons.  In addition, he desires to enter the drug program offered by the VAS and would like to re-enter society with a firm hand to guide him. 

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

The applicant enlisted on 29 July 1980 for a period of 4 years, training as combat engineer, assignment to Fort Hood, Texas, and payment of a cash bonus.  He successfully completed his training and was assigned to Fort Hood, Texas.  He was promoted to the pay grade of E-4 on 1 October 1982.

On 23 July 1984 he was convicted by a general court-martial of larceny, unlawful entry to commit larceny, and making a false official statement.  He was sentenced to a bad conduct discharge, forfeiture of all pay and allowances, confinement at hard labor for 18 months, and reduction to the pay grade of E-1.  The convening authority approved the findings and sentence of the court-martial without modifications.

The Army Court of Military Review affirmed the findings and sentence of the general court-martial on 26 February 1985.

Accordingly, the applicant was discharged with a bad conduct discharge on 31 January 1986 pursuant to the sentence of a general court-martial.  He had served 4 years and 4 days of total active service and had 6 days of lost time due to imprisonment prior to his scheduled expiration of term of service (ETS) and 542 days of lost time due to imprisonment subsequent to ETS.

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.  The applicant’s contentions have been noted by the Board and appear to be without merit.  Considering the seriousness of the charges against him and his otherwise undistinguished record of service, an upgrade of his discharge is not warranted.

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

___kn ___  ___jpi___  ___fe ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12839/1999012307	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/21	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1986/01/31	
DISCHARGE AUTHORITY	GCM 	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  105.0100		
2.		
3.		
4.		
5.		
6.