MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            4 August 1999
	DOCKET NUMBER:   AR1999016213

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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:  In effect, that his bad conduct discharge (BCD) be upgraded to an honorable discharge.

APPLICANT STATES:  That he was told that the character of his service would be upgraded to honorable 6 years after he was discharged and it has been 18 years since his discharge.  In support of his application, he submits a copy of his special court-martial order and a copy of his Certificate of Release or Discharge.

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

On 6 November 1979, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as an infantryman.

Nonjudicial punishment was imposed against the applicant on 7 April 1980 for disobeying a lawful order of two commissioned officers, for disobeying a lawful order of an NCO and for being disrespectful to a commissioned officer.  His punishment consisted of correction custody and a forfeiture of pay.

On 13 June 1980, he was convicted by a special court-martial of five specifications of being disrespectful in language towards five superior NCOs and for disobeying a lawful order of a senior NCO.  His sentence consisted of a BCD and a forfeiture of pay. 

The convening authority approved the findings and sentence on 25 July 1980.  Accordingly, on 9 June 1981, he was discharged pursuant to a special 
court-martial conviction.  He had completed 1 year, 7 months and 4 days of total active service and he was issued a BCD.

On 29 July 1982, the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  There is no evidence of record to support the applicant’s contention that he was told that the character of his service would be upgraded to honorable 6 years after 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

__fkm___  ___gp___  __inw ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016213	
SUFFIX		
RECON		
DATE BOARDED	1999/08/04	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1981/06/09	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	546	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  718	144.7500/A75.00/Triable by CM: DOLO	
2.  725	144.7600/A76.00/Triable by CM: Disrespect	
3.		
4.		
5.		
6.