MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 October 1999                   
	DOCKET NUMBER:   AR1999020443

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Carol Jo Suiter		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 honorable.

APPLICANT STATES:  That he went absent without leave (AWOL) because he did not want to be placed in a position of killing someone.  He was a conscientious objector.  No supporting evidence is provided.

COUNSEL CONTENDS:  That the applicant’s submission, in conjunction with the official army records, amply advance his contentions.

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

He was inducted into the Army on 24 October 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

He accepted non-judicial punishment on three occasions for disobeying a lawful order not to depart the company area without prior approval and for missing bed check; for failing to go to his appointed place of duty and for being disrespectful towards his senior non-commissioned officer; and for disobeying a lawful order to be at ease, respectively.

On 2 November 1967, the applicant was convicted by a special court-martial of being AWOL from 17 April – 10 October 1967.  He was sentenced to confinement at hard labor for 6 months and to forfeit $64.00 pay for 6 months.

On 5 September 1969, the applicant was convicted by a general court-martial of being AWOL from 3 January 1968 – 19 May 1969.  In a pre-trial agreement, he agreed to plead guilty in exchange for a sentence not in excess of a bad conduct discharge, total forfeiture of all pay and allowances, reduction to the lowest enlisted grade and confinement at hard labor for 9 months.  This was his approved sentence.  (The applicant’s defense counsel had read to the court an unsworn statement on his behalf wherein he stated he received excellent ratings at basic training and advanced infantry training.  After receiving orders to report to Oakland, CA for overseas duty, he went AWOL.  He was convicted by court-martial and when his confinement time was up he again received orders for overseas duty.  He went AWOL again.  A letter from his fiancée was also read wherein she testified to his good character and that he was a very understanding and outgoing person.)

A Factual Data for Restoration, Clemency and Parole Review form noted “He could not adjust to military environment.  He felt that the Army was expecting things from him that he was unable to give up.”  A Prisoner Summary Sheet noted “____ was raised a Baptist with minimal religious training.  Some early authority conflict.  Inability to adjust to the Army because he says it dehumanizes a person…”

On 5 January 1970, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial conviction.

Title 10, U.S. 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, 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 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.  There is no evidence of record to show the applicant ever applied for or claimed conscientious objector status at any time during his military service.  

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

__rvo___  __rjw___  __cjs___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020443	
SUFFIX		
RECON		
DATE BOARDED	19991021	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19700105	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.