MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            8 July 1999
	DOCKET NUMBER:   AR1999021433

	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. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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 a general discharge.

APPLICANT STATES:  That he is innocent of the charges that lead to his conviction and discharge.

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

On 30 September 1968, he enlisted in the Army for 2 years in the pay grade of E-1.  He successfully completed his training as a supply clerk.

On 15 February 1970, he was convicted by a special court-martial of committing an assault on a captain by shooting him with a pistol.  He was sentenced to a bad conduct discharge and confinement at hard labor.

The record shows that the applicant went AWOL on 23 June 1970 and he remained AWOL until 3 November 1970.  

On 10 November 1970, the convening authority approved the special
court-martial sentence.  Accordingly, on 7 December 1970, he was discharged pursuant to the sentence of a special court-martial and was issued a bad conduct discharge.  He had completed 1 year, 5 months and 4 days of total active service and he had 274 days of lost time due to AWOL and confinement.  

On 1 October 1979, the Army Discharge Review Board denied the applicant’s request for an upgrade of his 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 applicant’s contention has been noted by the Board.  However, there is no evidence either submitted with the application or in the available records that shows that he is innocent of the charge for which he was convicted.  He also went AWOL on 23 June 1970 and he remained absent until 3 November 1970.  His overall undistinguished record of service is not sufficient to warrant the relief requested.

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

___rwa__  ___ro ___  ___jh ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021433	
SUFFIX		
RECON		
DATE BOARDED	1999/07/08	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	1970/12/07	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  716	A73.00/144.7300	
2.  708	A71.00/144.7100	
3.		
4.		
5.		
6.