MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 July 1999
	DOCKET NUMBER:   AR1999020166

	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. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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 a general discharge.

APPLICANT STATES:  He states that it is common knowledge that in 1973 President Nixon’s pardon guaranteed blanket amnesty.

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

He was inducted into the Army on 24 January 1968.  

On 8 March 1968, the applicant was convicted by a special court-martial of selling military property, of stealing ice cream from the company storeroom, of swearing to kill his NCO and of carrying a concealed weapon.  His sentence consisted of confinement and a forfeiture of pay.

He was convicted by a general court-martial on 29 May 1968, of being disrespectful towards a superior officer, of disobeying a lawful command, of two specifications of disobeying a lawful order, of wrongful use of provoking words and spitting towards the face of a fellow soldier, and of assault.  His sentence consisted of a bad conduct discharge, confinement at hard labor and a forfeiture of pay.  

The Army Board of Review affirmed the findings and sentence of the general court-martial on 28 February 1969.  

Accordingly, he was discharged under other than honorable conditions pursuant to the sentence of a general court martial conviction on 4 August 1969.  He had completed only 26 days of total active service and he was issued a bad conduct 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.  Trial by court-martial was warranted by the gravity of the offenses for which he was 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 regarding amnesty is without merit because the amnesty program he refers to did not apply to persons who were convicted by court-martials and it also required eligible persons to apply for the program.  In addition, his overall undistinguished record of service is not sufficient to warrant relief.

3.  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.

4.  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

__rgh ___  ___ja ___  __cb____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020166	
SUFFIX		
RECON		
DATE BOARDED	1999/07/21	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1969/08/04	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  716	144.7300/A73.00/Triable by CM: Assault	
2.  725	144.7600/A76.00/Triable by CM: Disrespect	
3.  718	144.7500/A75.00/Triable by CM: DOLO	
4.		
5.		
6.