MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             20 January 2000                 
	DOCKET NUMBER:    AR1999023963

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Gary F. Geraets		Member	
	Ms. Barbara J. Ellis		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 discharge be changed from General (Under Other Than Honorable Conditions) to Honorable.

APPLICANT STATES:  That he was young at the time he served and now sees the mistakes he made and believes that he has paid for those mistakes several times over.  He is now receiving Social Security retirement and would like to get the VA to help with his medical expenses.

In support of his application he submits two letters from friends.

COUNSEL CONTENDS:  That the applicant agrees that his discharge was proper, but believes he has paid for his mistake.  Counsel adds that since his discharge the applicant has made every effort possible to become a dignified member of society.

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

He was inducted on active duty on 2 June 1959 at age 19.

On 19 October 1960 he was tried by a General Court-Martial for being AWOL from 5 July to 7 August 1960; for being AWOL from 15 to 17 August 1960; for stealing an automobile; and for escaping lawful confinement.  The applicant pled and was found guilty of all the charges and specifications.  His sentence consisted of a forfeiture of all pay and allowances for 18 months, confinement at hard labor for 18 months, a reduction to pay grade E-1, and a Bad Conduct Discharge (BCD).

He was discharged with a BCD on 8 February 1961.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations it is concluded:

1.  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.

2.  The applicant's contention that he was young and immature at the time is not sufficiently mitigating to warrant relief. The Board notes that the applicant was over 19 years of age at the time of his first AWOL.  Furthermore, while the Board has taken cognizance of the applicant's age and his good post-service conduct; neither of these factors, either individually or in sum, warrant the relief requested.

3. 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

_rgh_____  _gfg ____  _bje____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999023963	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	106.00	
2.		
3.		
4.		
5.		
6.