MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           18 August 1999                            
	DOCKET NUMBER:   AR1999024244

	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	
	Mrs. Judy Blanchard Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Edward Williamson		Member	
	Ms. Sherri V. Ward		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: In effect, that he was singled out and unfairly punished.  His life was ruined by the injustice.  The applicant submits a letter to support his allegations. 

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

The applicant enlisted in the Regular Army for 4 years.  He completed the required training and was awarded military occupational specialty 75B10 (Personnel Administration Specialist).  The highest grade he achieved was pay grade E-2.   

On 10 December 1980, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for two occasions of leaving his appointed place of duty without proper authority.  His imposed punishment was a forfeiture of $250.00 pay per month for 2 months, 15 days restriction and extra duty.

On 9 January 1981, the accepted an NJP, under Article 15, UCMJ, for failure to go to his appointed place without proper authority.  His imposed punishment was a forfeiture of $116.00 pay, 14 days restriction and extra duty.

On 16 July 1981, the applicant accepted an NJP, under Article 15, UCMJ, for wrongfully and unlawfully, stealing, by trick and false representation, currency, of some value, the property of the United States Government.  His imposed punished was a forfeiture of $250.00 pay per month for 2 months and a reduction to pay grade E-1.

On 22 March 1982, the applicant was convicted by a special court-martial of being absent without leave from 5 to 7 January 1982, for wrongfully having in his possession Marijuana, for wrongfully having in his possession a certain instrument purporting to be an identification card and for wrongfully leaving in the bathroom of a military aircraft a hand written note visible to all who entered, which stated “This plane won’t make it”.  He was sentenced to confinement at hard labor for 75 days, a forfeiture of $350.00 pay per month for 4 months and to be discharged from service with a BCD.  On 16 April 1982, 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. The United States Army Court of Military Review affirmed the sentenced 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 23 June 1982, while assigned to a Retraining Brigade, the applicant accepted an NJP, under Article 15, UCMJ, for disobeying a lawful order and for failure to go to his appointed place of duty.  His imposed punishment was a forfeiture of $50.00 pay.

On 17 December 1982, 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, 2 months and 24 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 contentions of the applicant have been noted by the Board. However, they are not supported by either evidence submitted with the application or the evidence of record. 

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

__sac___  __ew____  __svw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024244	
SUFFIX		
RECON		
DATE BOARDED	19990818	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19821217	
DISCHARGE AUTHORITY	AR635-200, chapter 11 .  .  .  .  .  	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.6800	
2.		
3.		
4.		
5.		
6.