MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            4 August 1999
	DOCKET NUMBER:   AR1999023170

	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 K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		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 a general discharge.

APPLICANT STATES:  In effect that he believes that being issued a BCD is to harsh considering the fact that he only had one incident while he was in the Army.

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

On 16 January 1979, he enlisted in the Army for 3 years in the pay grade of E-1 at Fort Sill, Oklahoma.  He successfully completed his training as a cannon crewman.  On 12 April 1979, upon completion of his training, he was transferred to Fort Richardson, Alaska.

Nonjudicial punishment was imposed against the applicant on 18 July 1979, for failure to go to his appointed place of duty on 13 June, 14 June and 15 June 1979, for being derelict in the performance of his duties on 7 June, 8 June and 12  June 1979, and for being disrespectful towards his superior NCO. His punishment consisted of confinement in correctional custody.

On 18 March 1980, the applicant was convicted by a general court-martial of five specifications of larceny by stealing government currency amounting to $1,952.58 and of signing and submitting a false and fraudulent personnel action for presentation to the finance officer.  His sentence consisted of a BCD, confinement at hard labor and a forfeiture of pay.

The convening authority approved the findings and sentence on 23 April 1980.  Accordingly, on 11 June 1981, he was discharged pursuant to a general 
court-martial conviction.  He had completed 1 year 9 months and 13 days of 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.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contention has been noted by the Board.  However, it is not supported by the evidence of record.  He was convicted by a general court-martial of five specification of larceny by stealing $1,952.00 of government currency.  He also signed and submitted a false and fraudulent personnel action for presentation to a finance officer.  Considering the nature of his offenses, it does not appear that his sentence was too harsh.

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

__fkm___  ___gp___  __inw ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023170	
SUFFIX		
RECON		
DATE BOARDED	1999/08/04	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1981/06/11	
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.  713	144.7110/A71.10/Absent from appointed place	
3.  723	144.7510/A75.10/Dereliction of duty	
4.  728	144.7610/A76.10/Making a false statement	
5.		
6.