MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            4 November 1998                  
	DOCKET NUMBER:   AC98-11377

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		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:  At the time of the incident he was very young and scared.  He took the blame for something he did not do.

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

He was born on 3 December 1953.  He enlisted in the Regular Army on 30 July 1971.  He completed basic training and advanced individual training and was awarded military occupational specialty 11E (Armor Crewman).

The applicant departed absent without leave (AWOL) from 18 December 1971 to 10 January 1972.

On 26 April 1972, the applicant pleaded guilty to and was convicted by a special court-martial of two specifications of robbery.  He was sentenced to a bad conduct discharge, to be reduced to pay grade E-1, to forfeit $150 pay for           6 months and to confinement at hard labor for 95 days.

The appellate review proceedings are not available.

On 28 November 1972, the applicant was discharged with a bad conduct discharge pursuant to his court-martial sentence.  He had completed 10 months and 1 day of creditable active service and had 180 days of lost time.

Title 10, U. S. Code, section 1552, as amended, precludes any action by this board which would disturb the finality of a court-martial conviction.

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.  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.

2.  Trial by court-martial was warranted by the gravity of the offense 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.

3.  The applicant pleaded guilty to the charge and specifications.  He provides no evidence that he was pressured into pleading guilty.

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

JEV_____  LLS_____  TNK_____  DENY APPLICATION

						Loren G. Harrell
						Director