MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 March 1999                   
	DOCKET NUMBER:   AR1999019128

	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. Judy L. Blanchard		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		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: In effect, that a second lieutenant played a very important part in his court-martial.  The second lieutenant assumed that he was having an affair with his wife and misused his power.  The applicant further states, that he has suffered long enough for a jealous man; who caused him his career.  

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

On 28 January 1977, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 76C10.  The highest grade he achieved was pay grade E-4.

Between April 1978 and February 1980, the applicant accepted six nonjudicial punishments, under Article 15, Uniform Code of Military Justice, for six occasions of disobeying a lawful order, for three occasions of leaving his appointed place of duty without proper authority, for wrongfully having in his possession one ounce, more or less, of marijuana in the hashish form and for being disrespectful to a noncommissioned officer.  His punishment included forfeitures, restrictions, extra duties and a reduction to pay grade E-1.       

On 9 May 1980, the applicant was convicted by a special court-martial of stealing twelve military tool boxes, of a value of about $670.80, for unlawful entry into a German Cantine with the intent to commit a criminal offense (larceny), for communicating a threat, for being disrespectful, for resisting being lawfully apprehended by a commissioned officer and for disobeying a lawful order.  He was sentenced to confinement at hard labor for 6 months, a detention of $299 pay per month for 3 months and to be discharged from military service with a BCD.  

On 6 August 1980, the convening authority approved the sentenced and forwarded the record of trial to The Judge Advocate General of the Army for review by a Court of Military Review. 

On the same day, the United States Army Court of Military Review, affirmed the findings of guilty and the sentence.  The applicant’s record does not indicate that he petitioned the United States Court of Military Appeals for a grant of review.  

On 2 June 1981, the applicant was discharged, in pay grade E-1 under the provisions of the Army Regulation 635-200, chapter 11, as a result of a court-martial, with a BCD.  He had completed 3 years, 10 months and 21 days of active military service.

Title 10, United States 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, and advisory opinion(s), 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 offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for 

3.  The contentions of the applicant have been noted by the Board.  However, they are not supported by either evidence submitted with the application or the evidence of record.  

4.  The applicant has failed to provide any basis for the Board to grant clemency in his case. 

5.  Therefore, in view of the foregoing, there is no basis for granting the applicant's request.
which the applicant was convicted.  

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

__CWB___  __EB____  __RJW___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019128	
SUFFIX		
RECON		
DATE BOARDED	19990304	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19810602	
DISCHARGE AUTHORITY	AR635-200, CHAPTER 11 .  .  .  .  .  	
DISCHARGE REASON	A69.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.68	
2.		
3.		
4.		
5.		
6.