MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 January 1999                   
	DOCKET NUMBER:   AC98-12339
                                              AR1998014473

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Robert W. Garrett		Member	
	Ms. Deborah S. Jacobs		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 honorable or to general under honorable conditions.

APPLICANT STATES:  That he served with the Army for 6 years without error.  As a civilian active in his community, a discharge upgrade with honorable conditions will support his family and community.

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

He enlisted in the Army on 13 January 1977 for 3 years.  He successfully completed his initial training and served as an infantryman (11B) in a series of assignments both in the United States and overseas.  In 1979 he reenlisted and was trained as a supply specialist (76D).  He attained the rank of staff sergeant on 26 August 1982.

On 26 January 1983 the applicant was convicted by general court-martial (GCM) in the Federal Republic of Germany of the offense of committing carnal knowledge with a young lady (two specifications).  He pleaded guilty to the first specification and not guilty to the second specification.  He was found guilty of only the first specification.  He was sentenced to confinement at hard labor for 3 years, a forfeiture of $300.00 per month for 6 months, a reduction to private (E-1) and a dishonorable discharge.

On 11 October 1983 the United States Army Court of Military Review affirmed the findings and sentence.

On 19 September 1984 the applicant was released from confinement and dishonorably discharged.  He completed 6 years and 13 days of creditable active service and had 603 days of lost time due to 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.  The applicant has not provided any evidence to warrant upgrading his discharge.  Good post service deeds are not sufficient justification for granting his request.

3.  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