MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:    

	BOARD DATE:           17 June 1999                   
	DOCKET NUMBER:   AR1999020643

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, Jr.		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 her bad conduct discharge (BCD) be upgraded to general, under honorable conditions (GD).

APPLICANT STATES:  In effect, that she believes her bad conduct discharge (BCD) is unjust and that it should be upgraded based upon her post service achievements and conduct.

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

On 26 October 1981 the applicant enlisted in the Regular Army for a period of 3 years.  She enlisted for the US Army Enlistment Training of Choice Option.  She successfully completed one station unit training (OSUT) at Fort Jackson, South Carolina.  Upon completion of OSUT she was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist), and was assigned to Fort Ord, California for her first permanent duty station.

The applicant’s record reflects that the highest grade she held on active duty was specialist/E-4 and that she earned the Army Service Ribbon.

On 9 December 1983 the applicant extended her enlistment 28 months.

On 12 April 1985 the applicant accepted nonjudicial punishment (NJP) for wrongfully using marijuana.  Her punishment consisted of a reduction in grade to private/E-1 (suspended) and a forfeiture of $200.00 for 2 months.  On 3 September 1985 the suspension was vacated after the applicant used marijuana between 13 and 23 July 1985.

On 14 January 1986 the applicant was charged with assault and inflicting grievous bodily harm upon a child under the age of 16 years by immersing her feet in hot water; which resulted in 2nd degree burns to both feet and her perineum.  She was also charged with making a false sworn statement.  

On 17 January 1986 the applicant was found guilty by a general court-martial.  She was sentenced to a forfeiture of all pay and allowances, confinement for 5 years, and a BCD.  On 12 March 1986 the sentence was approved and executed, except for the BCD.  On 15 October 1986 the US Court of Military Review affirmed the findings of guilty and the sentence.  On 4 November 1986 the applicant petitioned the Court of Military Appeals for review of her conviction. On 11 December 1987 the sentence was affirmed and the BCD was executed.

On 1 January 1988 the applicant was discharged after completing 4 years, 2 months, and 21 days of active military service.  She had 404 days of lost time due to confinement, prior to the scheduled expiration of her term of service, and 327 days of lost time subsequent to the expiration of her term of service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, paragraph 3-11, provides that a soldier will be given a BCD pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed.

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 Board noted the applicant’s contentions.  However, the applicant has failed to convince the Board through the evidence submitted or the evidence of record that her discharge was unjust and should be upgraded.

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 which the applicant was convicted.

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

__JLP___  _TAP ___  __EWL__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020643	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990617	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19990122	
DISCHARGE AUTHORITY	AR 645-200, Chapter 3	
DISCHARGE REASON	As a result of court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.7301		
2.		
3.		
4.		
5.		
6.