MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 March 2000
	DOCKET NUMBER:   AR1999025507

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Elzey J. Arledge Jr. 		Member	
	Mr. Ernest W. Lutz Jr.		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 be upgraded to honorable.

APPLICANT STATES:  That he served honorably in the Army for over 4 years prior to getting into trouble.  He considered himself a good soldier and his commanders agreed.  His bad conduct discharge resulted from personal problems which he handled badly.  He went home to try to save his marriage, but unfortunately that did not work.

COUNSEL CONTENDS: Counsel offered no evidence or argument beyond that submitted with the application.

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

He enlisted on 18 November 1960 and, after training, was assigned to Fort Riley, Kansas.  In October 1961, he was reassigned to Korea, where he served continuously for 3 years.  Upon completion of his overseas tour, he was reassigned to Fort Knox Kentucky.

While serving in Korea, the applicant was administered nonjudicial punishment (NJP) three times under Article 15, UCMJ:  on 19 March 1964 for failure to report to his appointed place of duty; on 8 April 1964 for AWOL from 7 April to 8 April 1964; and on 23 May 1964 for wrongful appropriation of a government vehicle and leaving his appointed place of duty without authority.  His punishment for this offense included a 6-month suspended reduction in rank from sergeant E-5 to corporal E-4.

On 19 December 1964, the applicant was administered NJP for failure to report to his appointed place of duty.

On 18 February 1965, the applicant was tried by special court-martial and found guilty of AWOL from 6 January 1965 to 9 February 1965.  He was sentenced to 
reduction in rank from sergeant to corporal, restriction to his company area for 
60 days, and forfeiture of $50.00 per month for 3 months.

On 3 March 1965, the applicant received NJP for AWOL from 20 February to
23 February 1965, and breaking restriction.

On 24 June 1966, the applicant was tried by general court-martial and convicted of two specifications of AWOL, from 27 July 1965 to 28 October 1965, and from 30 November 1965 to 4 March 1966.  He was sentenced to confinement at hard labor for 21 months, forfeiture of all pay and allowances, reduction in grade to private E-1, and a bad conduct discharge.  The approved sentenced was affirmed upon review.

On 9 January 1967, the bad conduct discharge was executed at the US Disciplinary Barracks, Fort Leavenworth, Kansas.  He had 4 years and 7 months of creditable service and 570 days of time lost.

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 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 assertion that his first 4 years of service was trouble free is disputed by a pattern of disciplinary infractions evidenced by Article 15 actions starting in Korea in March 1964.

3.  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.

4.  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

__rvo___  __eja____  __ewl___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025507	
SUFFIX		
RECON		
DATE BOARDED	20000308	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19670109	
DISCHARGE AUTHORITY	AR635-204	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.