MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 March 1999    
	DOCKET NUMBER:   AR1999022422

	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. Ted S. Kanamine		Chairperson	
	Mr. Orville W. Troesch, Jr.		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:  That his bad conduct discharge be upgraded to general.  

APPLICANT STATES:  That he was severely mentally ill at the time of his discharge.  In support of his application, he submits a letter dated 9 September 1998 from the South Arkansas Regional Health Center in El Dorado, Arkansas, which describes his psychotherapy and medication since 27 November 1979.  

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

He enlisted in the USAR on 19 June 1976 for a period of 6 years.  On 29 August 1976 he was ordered to active duty for basic training at Fort Dix, New Jersey.  Upon successful completion of basic training, he was transferred to Fort Lee, Virginia, for advanced individual training (AIT).  

While in AIT, nonjudicial punishment (NJP) was imposed against the applicant on 13 December 1976 for disobeying a lawful order and using provoking words towards a staff sergeant.  His punishment consisted of a forfeiture of pay (suspended) and 14 days of extra duty and restriction.        

On 13 January 1977, while in AIT, NJP was imposed against the applicant for disobeying a lawful order.  His punishment consisted of a forfeiture of pay (suspended) and 14 days of extra duty and restriction.

NJP was imposed against the applicant on 28 February 1977 for being AWOL from 1 February 1977 to 22 February 1977.  His punishment consisted of a forfeiture of pay and 45 days of extra duty and restriction.

On 16 March 1977, the applicant was convicted by a general court-martial of attempted robbery.  He was sentenced to a bad conduct discharge, confinement at hard labor for 2 years and forfeiture of all pay and allowances.  The convening authority approved the sentence on 23 May 1977.  

On 30 September 1977, the Court of Military Review affirmed the findings of guilty and the sentence.

On 21 April 1978, the unexecuted portion of the sentence to forfeiture of all pay and allowances in excess of forfeiture of $160.00 pay per month was suspended effective 6 April 1978.

His appellate review was completed on 24 April 1978.

Accordingly, the applicant was discharged pursuant to the sentence of a general
court-martial on 12 July 1978.  He was issued a Bad Conduct Discharge Certificate.  He had served 5 months and 21 days of total active service.  He had 506 days lost time due to AWOL and 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 affected in accordance with applicable law and regulations.

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

3.  The applicant’s contention that he was severely mentally ill at the time of discharge has been noted by the Board.  However, it is not supported by either evidence submitted with the application or the evidence of record.      

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

___tsk__  ___owt__  __jps___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022422	
SUFFIX		
RECON		
DATE BOARDED	19990317	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19780712	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	GCM	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.110.00	189	
2. 144.9309	843	
3. 144.9225	815	
4. 144.9223	813	
5.		
6.