MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            18 February 1999
	DOCKET NUMBER:   AR1999020659

	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. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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 be upgraded to a more favorable discharge.  

APPLICANT STATES:  In effect, that his discharge has been affecting his employment opportunities.  He contends that he was a teenager when he made the mistake in the military; however, he has learned from this mistake.  He goes on to state that he has a family, he is a law abiding citizen and that an upgrade of his discharge would change their way of living for life.  In support of his application, he submits a letter of explanation and copies of a counseling form, an order for award of the Army Achievement Medal, a character reference letter, and four letters of appreciation.     

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

The applicant enlisted on 7 September 1988 for a period of 3 years.  He successfully completed his training at Fort Dix, New Jersey, and was transferred to Germany for duty as a motor transport operator.

On 6 June 1990, while serving in Germany, the applicant was convicted by general court-martial of six specifications of larceny of property valued at $3049, making two false statements and two specifications of receiving stolen property.  He was sentenced to a bad conduct discharge, confinement for 16 months, forfeiture of all pay and reduction to pay grade E-1.  The convening authority approved the sentence on 11 July 1990. 

The Army Court of Military Review affirmed the sentence.

Accordingly, he was discharged pursuant to the sentence of a general
court-martial on 24 January 1991.  He was issued a Bad Conduct Discharge Certificate.  He had served 1 year, 8 months, and 29 days of total active service. He had 233 days lost due to confinement.   
 
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 offense charged.  Conviction and discharge were effected in accordance with applicable law and regulations.  

2.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not sufficiently mitigating to warrant upgrading his discharge given the seriousness of the charges against him and his overall undistinguished record of 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

__tnk ___  ___jpi ___  ___jps __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020659	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/18	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1991/01/24	
DISCHARGE AUTHORITY	GCM	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A68.00		
2.		
3.		
4.		
5.		
6.