MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 December 1999                   
	DOCKET NUMBER:   AR1999027411

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Ms. Meta Waller		Member	
	Ms. Debra Williams		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.

APPLICANT STATES:  In effect, that his service was good before his court-martial.  Every day he regrets his actions.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 22 August 1974 and reenlisted on 1 April 1977.  His initial DD Form 214 is not available.

On 28 January 1979, the applicant accepted non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for failing to go to his appointed place of duty.

On 12 March 1982, the applicant accepted NJP under Article 15, UCMJ for indecent exposure.

(In 1997, the Army Discharge Review Board (ADRB) also noted that the applicant accepted NJP under Article 15, UCMJ on 8 July 1977, 16 August 1977, and 4 June 1979 for unknown offenses.)

On 2 June 1982, the applicant received an approved bar to reenlistment citing the 28 January 1979 and 12 March 1982 Article 15s and seven dishonored checks.  

On 16 November 1982, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 6 – 12 April 1982, 16 – 22 April 1982, 10 – 20 May 1982, and 28 May – 17 September 1982 and for wrongfully appropriating a vehicle, property of the Army and Air Force Exchange Service.  He was sentenced to be reduced to Private, E-1, to a bad conduct discharge, to confinement at hard labor for 2 months, suspended, and to forfeit $350.00 pay for 4 months, suspended.

On 25 February 1983, the U. S. Army Court of Military Review affirmed the findings and the sentence.

On 27 June 1983, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial sentence.

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

On 28 March 1997, the ADRB denied the applicant’s request for an upgraded discharge.

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.  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.  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

__hof___  __mw____  __dw____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027411	
SUFFIX		
RECON		
DATE BOARDED	19991221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.