MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            4 August 1999
	DOCKET NUMBER:   AR1999023284

	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 an honorable discharge.

APPLICANT STATES:  That he was only 17 years old at the time of his discharge and that he had not been in any trouble since that time.

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

On 4 April 1986, he enlisted in the Army at age 17, with parental consent, for 3 years in the pay grade of E-1.  He successfully completed his training as an infantryman.  He was promoted to the pay grade of E-2 on 4 October 1986 and he was promoted to the pay grade of E-3 on 1 March 1987.

On 4 December 1987, the applicant was convicted by a general court-martial of attempted larceny, larceny of various personal property, larceny of a car stereo cassette radio, larceny of a stereo, wrongfully and unlawfully making a false statement, and being AWOL from 6 October through 19 October 1987.  His sentence consisted of a BCD, confinement, a forfeiture of pay and a reduction in pay grade.

The court of military review affirmed the findings and sentence on 4 March 1988. Accordingly, on 22 November 1988, the applicant was discharged pursuant to a general court-martial conviction.  He had completed 1 year 7 months and 18 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 regarding his post service conduct has been noted by the Board.  However, there is no evidence either in his records or submitted with his application to support his contention.  The Board also notes that the applicant was 19 years old at the time of his general court-martial conviction.  The type of discharge that he received is commensurate with his overall record of service.

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	AR1999023284	
SUFFIX		
RECON		
DATE BOARDED	1999/08/04	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1988/11/22	
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.  708	144.7100/A71.00/Triable by CM: AWOL	
3.		
4.		
5.		
6.