MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:           1 July 1999                             
	DOCKET NUMBER:   AR1999023834

	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. Judy L. Blanchard		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		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: He submitted a letter in support of his request.

EVIDENCE OF RECORD: The applicant’s military record shows:

He enlisted in the Regular Army on 4 October 1978.  He completed the required training and was awarded military occupational specialty 11B10 (Infantryman).  The highest grade he achieved was pay grade E-2.   

Between August and November 1979, the applicant accepted three nonjudicial punishments under Article 15, Uniform Code of Military Justice, for two occasions of failure to repair and for disobeying a lawful order.  His punishment included forfeitures and a reduction to pay grade E-1.
 
On 17 March 1980, the applicant was convicted by a special court-martial for assaulting two superior noncommissioned officers.  He was sentenced to confinement at hard labor for 30 days, a forfeiture of $200 pay per month for 
5 months and to be discharged from service with a BCD.  On 17 April 1980, the sentence was approved by the convening authority.  The record of trial was forwarded to the Judge Advocate General of the Army for review by a board of review.  On 30 November 1980, the United States Army Court of Military Review affirmed the sentence and the finding of guilty.  The record does not indicate that the applicant petitioned the United States Court of Military Appeals for a grant of review. 

On 9 December 1980, the applicant was discharged, in pay grade E-1 under the provisions of the Army Regulation 635-200, chapter 11, as a result of a court-martial.  He had completed 2 years, 1 month and 21 days of active military service.

Title 10, United States Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

DISCUSSION:

1.  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.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted. 

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

4.  The applicant has failed to provide any basis for the Board to grant clemency in his case.

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

__jhl___  __fkm___  __sk____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023834	
SUFFIX		
RECON		
DATE BOARDED	19990701	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19801209	
DISCHARGE AUTHORITY	AR635-200,chp11 .  .  .  .  .  	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.68	
2.		
3.		
4.		
5.		
6.