MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           14 October 1998        
	DOCKET NUMBER:   AC98-09832

	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. Ernest M. Willcher		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 dishonorable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that while he was serving in the Army, he only 
thought of himself.  He now has two children and that it is very difficult for him to obtain a decent job with the discharge he now holds.  He also states that he plans to obtain a career in law enforcement, however, he would be passed over
due to his service record and background check, which would prevent him from reaching his goals.  He further states that he has returned to school in order to improve himself, obtain better employment opportunities, and to set a good example for his family.  He goes on to state that he is now asking for assistance from this Board, and that he should not pay for a mistake that he made 10 years ago for the rest of his life. 

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

He enlisted in the USAR under the Delayed Entry Program on 16 February 1989 for a period of 8 years.  He enlisted in the Regular Army on 28 February 1989 for a period of 3 years.

On 11 September 1989, the applicant went AWOL and remained AWOL until
14 September 1989.  There is no indication in the available records of any punishment imposed for this offense.

On 11 December 1989, nonjudicial punishment (NJP) was imposed against the
applicant for being AWOL from 8 November 1989 to 13 November 1989.  His punishment consisted of a forfeiture of pay and 30 days restriction and extra duty.

On 19 March 1990, the applicant again went AWOL and remained AWOL until
22 March 1990.   

On 23 March 1990 the applicant was returned to military authorities at Fort Carson, Colorado.

He was convicted by a general court-martial on 17 July 1990 for damage of 
military property, wrongful appropriation of a motor vehicle, larceny, housebreaking, breaking restriction, AWOL, falsely altering an Identification (ID) Card and communicating a threat to a commissioned officer.  His sentence consisted of a reduction to the pay grade of E-1, forfeiture of all pay and allowances, 5 years confinement, and a dishonorable discharge.  The sentence was adjudged and approved on 17 July 1990.

On 6 August 1990 the applicant was transferred to the US Army Correctional Brigade, Fort Riley, Kansas for further confinement.

On 27 December 1990 the Court of Military Review affirmed the findings and sentence of the general court-martial.

On 24 June 1991, he was dishonorably discharged pursuant to the sentence of a general court-martial.  He had served 7 months, and 21 days of total active 
service and had 606 days of lost time due to AWOL and confinement. 

The applicant applied to the Army Discharge Review Board (ADRB) on 
18 November 1997.  However, his case is ineligible for review by the ADRB because he was convicted by a general court-martial.  Consequently, his 
DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) has been accepted by this Board in lieu of a DD Form 149 (Application for Correction of Military Record).

Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

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 606 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.  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

__EW___  __RWG _  ___JS___  DENY APPLICATION

						Loren G. Harrell
						Director