MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            4 August 1999
	DOCKET NUMBER:   AR1999023259

	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:  In effect, that his bad conduct discharge (BCD) be upgraded to an honorable discharge.

APPLICANT STATES:  That he believes that his discharge was disproportionate to the offense that was committed, especially in view of the fact that his record of service reflects only one previous conviction.

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

On 5 July 1956, he enlisted in the Army for 3 years in the pay grade of E-1 and he went on to successfully complete his training as a cook.

On 1 March 1957, the applicant was convicted by a summary court-martial of being AWOL from 18 February through 20 February 1957.  His sentence consisted of confinement at hard labor and a forfeiture of pay.

On 5 May 1958, he was honorably discharged for the purpose of immediate reenlistment.  He had completed 1 year, 10 months and 1 day of total active service.  On 6 May 1958, he reenlisted in the Army for a period of 6 years.

On 27 August 1959, the applicant was convicted by a general court-martial of being absent from his unit and for committing assault with a dangerous weapon on a fellow soldier by striking him on the head with a coca cola bottle and cutting him on the right arm and right hand with a dangerous weapon.  His sentence consisted of a BCD, confinement at hard labor, a forfeiture of pay and a reduction in pay grade.

The convening authority approved the findings and sentence on 23 September 1959.  Accordingly on 26 February 1960, the applicant was discharged pursuant to a general court-martial conviction.  He had completed 3 years and 17 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 contentions have been noted by the Board.  However, they are not totally supported by the evidence of record.  He was convicted by a general court-martial of committing assault with a dangerous weapon by hitting a fellow soldier on the head with a bottle.  It does not appear that his sentence was disproportionate with the offenses that he committed.

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	AR1999023259	
SUFFIX		
RECON		
DATE BOARDED	1999/08/04	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1960/02/26	
DISCHARGE AUTHORITY	Court martial	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  31	105.0100/CM	
2.  675	144.6800/A68.00/BCD	
3.		
4.		
5.		
6.