MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            8 July 1999
	DOCKET NUMBER:   AR1999023402

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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 dishonorable discharge be upgraded to a general discharge.

APPLICANT STATES:  In effect, that although he plead innocent, he was convicted of a crime that he did not commit.  He states that he was railroaded by a member of his unit who disliked him and that he was given permission to have in his possession a radio that he was later accused of stealing.

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

He was inducted into the Army on 5 September 1967 and he successfully completed his training as a general clerk.  On 5 January 1968, he was promoted to the pay grade of E-2.

On 9 July 1968, the applicant was convicted by a special court-martial of being AWOL from 29 April until 25 June 1968.  His sentence consisted of confinement at hard labor, a reduction in pay grade and a forfeiture of pay.

Nonjudicial punishment (NJP)  was imposed against the applicant on 24 October 1968, for being AWOL for 1 day, for being derelict in the performance of his duties and for failure to repair.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 19 December 1968, NJP was imposed against him for failure to repair.  His punishment consisted of a forfeiture of pay and restriction.

He was convicted by a summary court-martial on 1 February 1969, of failure to go to his appointed place of duty.  His sentence consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

On 27 March 1969, he was convicted by a general court-martial of stealing a camera and a radio and of having in his possession traces of marijuana.  He plead guilty to stealing the camera and the radio; however he plead innocent to possession of marijuana.  During his trial, a member of his unit testified that the applicant gave him a cigarette which was later analyzed and determined to have contained marijuana.  He was found guilty of larceny and of possession of marijuana and he was sentenced to a dishonorable discharge, confinement at hard labor and a forfeiture of pay.

The Army Board of Military Review affirmed the findings and sentence of the general court-martial on 16 December 1969.

Accordingly, he was discharged pursuant to the sentence of a general 
court-martial conviction on 30 March 1970.  He had completed 1 years, 3 months and 19 days of total active service and he had 469 days of lost time due to AWOL and confinement.  He was issued a Dishonorable Discharge Certificate.

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 offenses for which he was charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted.

2.  The contentions of the applicant have been noted by the Board.  However, they are unsupported by either evidence submitted with the application or the available evidence of record.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

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

__rwa___  __ro ____  __jh ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023402	
SUFFIX		
RECON		
DATE BOARDED	1999/07/08	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	1970/03/30	
DISCHARGE AUTHORITY	AR 635-300 	
DISCHARGE REASON	987	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  713	A71.10/144.7110	
2.  717	A74.00/144.7400	
3.  715	A72.00/144.7200	
4.		
5.		
6.