MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-11313

	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. Celia 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 did not deserve a BCD and has suffered enough.  It has been more than 20 years and he should now be allowed a life.

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

He enlisted in the Army on 17 December 1973 for 3 years.  He completed his initial training and was assigned to Fort Lewis, Washington, for duty as a supply clerk (76Y).

On 22 July 1974 the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for AWOL (less than 1 day).  The punishment included a forfeiture of $50.00, and  7 days extra duty and restriction.

On 20 August 1975 the applicant was convicted by a special court-martial (SPCM) of AWOL (18 days), of assault , of being disrespectful in language, and of unlawful entry on government property.  He was sentenced to confinement at hard labor for 3 months, a forfeiture of $225.00 per month for 4 months, a reduction to the rank of private (E-1), and a BCD.  The convening authority approved the sentence on 26 August 1975.

On 24 June 1976 following completion of appellate review, the BCD was executed, and the applicant was discharged as a result of his conviction by SPCM.  He had 2 years, 6 months and 8 days of creditable active service and 144 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 SPCM 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.  The applicant has not provided any evidence to support his contention that he did not deserve to receive a BCD.

3.  The mere passage of time since discharge is not sufficiently mitigating to warrant upgrading his discharge.  
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

__GDP___  __CLA___  __RWG___  DENY APPLICATION

						Loren G. Harrell
						Director