MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            7 July 1999
	DOCKET NUMBER:   AR1999020769

	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. Irene N. Wheelwright		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Meta Waller		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 an honorable or a general discharge.

APPLICANT STATES:  That it has been 23 years since his discharge and he would like to have his discharge upgraded to show his family he is a better person.  He further states that this is the first time that he has applied for an upgrade of his discharge and he believes that he has paid his debt to the military. 

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

On 13 May 1974, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a wheel vehicle mechanic.  On 13 September 1974, he was promoted to the pay grade of E-2.

Nonjudicial punishment (NJP) was imposed against the applicant on 17 October 1974, for wrongfully appropriating an M35A2 2½ ton truck.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 5 December 1974, NJP was imposed against him for possession of marijuana.  His punishment consisted of a reduction in pay grade, a forfeiture of pay, restriction and extra duty.

The applicant had NJP imposed against him on 11 February 1975, for being AWOL from 27 January until 31 January 1975.  His punishment consisted of a forfeiture of pay and extra duty.

On 12 May 1975, NJP was imposed against him for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

The available records show that the applicant was pending trial by a special court-martial for larceny when he went AWOL on 8 August 1975.  He remained AWOL until he was apprehended by civil authorities and returned to military control on 25 August 1975.

On 17 October 1975, the applicant was convicted by a special court-martial of larceny and of being AWOL.  He was sentenced to a bad conduct discharge, confinement at hard labor and a forfeiture of pay.

Accordingly, he was discharged pursuant to the sentence of a special 
court-martial conviction on 16 July 1976.  He had completed 1 years, 8 months and 18 days of total active service and he had 166 days of lost time due to AWOL and confinement.  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 characterized the misconduct for which the applicant was convicted.

2.  The contentions of the applicant have been noted by the Board.  However, they are unsupported by either evidence submitted with the application or the available evidence of record.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

4.  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.

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

___ja ___  ___mlw__  __inw ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020769	
SUFFIX		
RECON		
DATE BOARDED	1999/07/07	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1976/07/16	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	A71.00/Conduct triable by CM: AWOL	
2.  715	A72.00/Conduct triable by CM: Larceny	
3.  713	A71.10/Conduct triable by CM: Absent appointed place of duty	
4.  717	A74.00/Conduct triable by CM: Drugs	
5.		
6.