MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 February 1999   
	DOCKET NUMBER:   AC98-10975
				   AR1999019195

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Loundermon		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John Saputo		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 general or honorable.  

APPLICANT STATES:  That he was a confused, young man in 1971 when the situation occurred.  He is now and has been for 25 years, an upstanding, tax paying, hard working, respectable citizen.  He requests that this one blotch be removed from his records.   

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

The applicant enlisted in the Army for three years on 29 May 1969.  On               4 September 1969 while at Fort Gordon, Georgia, he received nonjudicial punishment under Article 15, UCMJ, for failure to go to his place of duty.  He completed training as a communication center specialist, and in December was assigned to a signal battalion in Germany.

On 9 October 1970 the applicant received nonjudicial punishment for willfully disobeying a lawful command on three occasions, and for absenting himself from his place on duty on several occasions on five different days. 
 
On 28 April 1971 the applicant was arraigned and tried before a special court-martial which convened at Goeppingen, Germany.  He was found guilty of failing to obey an order,  two specifications of disrespect to a superior officer, two specifications of failure to go to his place of duty, and two specifications of failure to obey a lawful order.  He was sentenced to a bad conduct discharge, confinement at hard labor for three months, forfeiture of $95.00 per month for three months, and reduction to pay grade E-1.  The sentence was approved on 25 June 1971.  On 14 August 1972 the Court of Military Review affirmed the findings of guilty and the sentence, and on 30 August 1972 the sentence was  ordered to be executed.  

The applicant was discharged under conditions other than honorable on               3 October 1972 at Fort Dix, New Jersey.  He had 3 years, 1 month, and 20 days of service, and 76 days of lost time. 

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.  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 which the applicant was convicted.

2.  The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief. The Board notes that the applicant was over 21 years old at the time of his court-martial, and had completed both basic and advanced training. 

3.  While the Board has taken cognizance of the applicant's contention of good post-service conduct this factor does not warrant the relief requested.

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

____chl_  ___fne__  __js______  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10975/AR1999019195	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990217	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.110.00		
2.		
3.		
4.		
5.		
6.