MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            28 July 1999
	DOCKET NUMBER:   AR1999021871

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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 (BCD) be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, that his post service conduct warrants that his discharge be upgraded.  In support of his appeal he submits a letter dated 18 August 1998, from a Department of the Army Project Officer, and a letter dated 29 July 1998, from Anteon Corporation attesting to his good post service conduct.  He also submits a letter he wrote to the Veterans of Foreign Wars Memorial Building stating how his BCD has not prevented his from trying to progress, a letter dated 8 October 1991, written to him by an Army Judge Advocate and a memorandum dated 7 October 1991 from his defense counsel requesting disapproval of the applicant’s court-martial findings and sentence.

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

On 4 November 1981, he enlisted in the Army in the pay grade of E-1.  He successfully completed his training as a wire system installer.  He was honorably discharged on 12 November 1985, after he completed 4 years and 8 days of total active service.  On 26 February 1986, he enlisted in the Army again for period of 3 years and training as a personnel administrative specialist.  He completed his training and was promoted to the pay grade of E-5 on 1 September 1990. 

On 18 July 1991, the applicant was convicted by a general court-martial of 13 specifications of purchasing and possessing rationed goods over reasonable amounts suitable for personal use or consumption (blackmarketing activities).  His sentence consisted of a BCD, confinement, reduction and a forfeiture of pay.

The findings and sentence was approved by the appropriate authority on 18 October 1991.  According, on 29 April 1994, he was discharged pursuant to a general court-martial conviction.  He had completed 10 years, 8 months and 13 days to total active service and he was issued a BCD.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

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.  While the Board has taken cognizance of the applicant's good post-service conduct; it is not sufficiently mitigating to warrant the relief requested.

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

___fe ___  __lem ___  ___mvt__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021871	
SUFFIX		
RECON		
DATE BOARDED	1999/07/28	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1994/04/29	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  715	144.7200/A72.00/Triable by CM: Larceny	
2.		
3.		
4.		
5.		
6.