MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-09713

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Cilia L. Adolphi		Member	
	Mr. Robert W. Garrett		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 (BCD) be upgraded to honorable.

APPLICANT STATES:  That he deeply regrets his actions while in the Army.  In the years since his discharge, he has maintained a good job record and has remarried and has two wonderful children.  He has seriously tried to get a better
job in the security field, but many doors are closed because of his discharge.  He contends that it is harsh punishment to pay for the rest of his life for just one mistake.

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

He enlisted in the Army on 4 June 1980 for 4 years.  He completed his initial training and served in a series of assignments both in the United States and overseas.  He attained the rank of specialist four on 15 January 1982.

On 9 May 1986 upon his plea of guilty to all charges and specifications, the applicant was convicted by a general court-martial (GCM) of AWOL (25 days) and multiple counts of issuing worthless checks totaling $1,437.48.  He was sentenced to confinement for 4 months, a forfeiture of $400.00 per month for 
4 months, a reduction to the rank of private (E-1), and a BCD.  The convening authority approved the sentence on 9 May 1986.

On 10 April 1987 following completion of appellate review of the court-martial, the BCD was executed, and the applicant was discharged, as a result of his conviction by GCM.  He had completed 5 years, 10 months and 4 days of creditable active service and had 184 days lost time due to AWOL and 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.  The applicant’s trial by GCM was warranted by the gravity of the offenses charged.  His 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.  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.

3.  While the Board has taken cognizance of the applicant’s employment problems and his good post-service conduct, 

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

___GDP__  ___CLA__  ___RWG__  DENY APPLICATION

						Loren G. Harrell
						Director