MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:           13 January 1999                   
	DOCKET NUMBER:   AC98-12090
				   AR1998014430

	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. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		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 was wrong for what he did but has come a long way since then and would like a second chance.

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

He enlisted in the Army on 28 February 1989 for 3 years and 15 weeks.  He completed his initial training and was assigned to Fort Wainwright, Alaska for duty as a cannon crewman (13B).

The applicant was charged with violation of the Uniform Code of Military Justice, Article 121, for larceny of stereo equipment of a value in excess of $100.00.

On 23 May 1990 the applicant pleaded guilty to the charge and was convicted by a special court-martial (SPCM) of larceny.  He was sentenced to confinement for 3 months, a forfeiture of $450.00 per month for 3 months, a reduction to the rank of private (E-1), and a BCD.  The convening authority approved the sentence, and the applicant was confined until 6 August 1990.

On 5 March 1991 the United States Army Court of Military Review affirmed the approved findings of guilty and the sentence.  On 3 July 1991 that portion of the sentence pertaining to discharge was ordered to be executed.

On 29 July 1991 the applicant was discharged as a result of his conviction by SPCM with a BCD.  He had 2 years, 2 months and 18 days of creditable active service and 76 days lost time due confinement.

On 16 March 1996 the applicant applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge.  The ADRB denied his appeal on 24 February 1997.

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 acknowledged his guilt of the SPCM charges but has not offered any mitigating evidence that would warrant upgrade of his discharge.

3.  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.

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

___X_____  __X______  ___X_____  DENY APPLICATION

						Loren G. Harrell
						Director