MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:            8 July 1999
	DOCKET NUMBER:   AR1999020160

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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 a general or an honorable discharge.

APPLICANT STATES:  He has learned a valuable lesson as a result of the incident which caused him to be discharged.  He states, in effect, that the type of discharge that he received is too severe considering the nature of his offense.  He goes on to state that the victim had previously been barred from the post and he was impersonating a female.  He states that he was under extreme emotional pressure as a result of his son’s death.  He concludes by stating that he has grown as an individual since his discharge and that he has graduated from cosmetology school and completed a real estate course.  In support of his appeal he submits a copy of his real estate license and a copy of his cosmetology license.

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

On 2 August 1977, he enlisted in the Army for 3 years in the pay grade of E-1 and he successfully completed his training as a medical specialist.

Nonjudicial punishment (NJP) was imposed against the applicant on 21 October 1977, for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay, restriction and extra duty

On 21 July 1978, NJP was imposed against him for leaving his appointed place of duty and for failure to go to his appointed place of duty.  His punishment consisted of a reduction in pay grade.

On 24 July 1979, the applicant received a letter of reprimand (LOR) for driving while intoxicated.  He was informed that the LOR would be permanently filed in this Official Military Personnel File and he opted not to submit a statement in his own behalf.

On 8 November 1979, he was convicted by a general court-martial of aggravated assault with the intent to inflict grievous bodily harm.  He was sentenced to be discharged with a BCD, confinement at hard labor and a forfeiture of pay.

The convening authority approved the sentence on 27 November 1979.  Accordingly, on 28 January 1981, he was discharged pursuant to the sentence of a general court-martial, under the provisions of Army Regulation 635-200, chapter 11 and he was issued a BCD.

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.  Trial by court-martial was warranted by the gravity of the offense 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.

3.  The applicant had NJP imposed against him on two occasions and a LOR placed in his OMPF prior to his conviction by a general court-martial.  Considering his numerous acts of indicipline and the seriousness of the charges against him, a BCD does not appear to have been to severe.

4.  While the Board has taken cognizance of the applicant's good post-service conduct; that alone does not warrant granting the relief requested.

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

__rwa___  __ro ____  __jh ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020160	
SUFFIX		
RECON		
DATE BOARDED	1999/07/08	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1981/01/28	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675	
BOARD DECISION	NC	
REVIEW AUTHORITY		
ISSUES         1.  678	A68.03/144.6803	
2.  716	A73.00/144.7300	
3.		
4.		
5.		
6.