MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AR199027959

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. James P. Steuve 		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:  Reconsideration of his request for an upgrade of his bad conduct discharge (BCD) to a fully honorable discharge (HD).

APPLICANT STATES:  In effect, that he made a lot of mistakes when he was young.  He has received treatment for his drug usage and he is trying to turn his life around.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 30 September 1992 (COPY ATTACHED).

On 10 June 1983, the applicant enlisted into the Delayed Entry/Enlistment Program (DEP) at age 17 with a declaration of parental consent signed by both of his parents.  On 3 June 1984, he was separated from the DEP.  On 4 June 1984, at age 18, he enlisted in the Regular Army (RA) for 3 years and military occupational specialty (MOS) 43E (Parachute Rigger).

While assigned at Fort Benning, Georgia, the applicant was absent without leave (AWOL) from 13 July 1985 through 17 July 1985, as a result of not returning from ordinary leave on time.  The available records do not show that he was ever punished for this period of AWOL.

The attached ABCMR Memorandum of Consideration shows that on 9 January 1986, the applicant was convicted by a general court-martial for five specifications of larceny, totaling over $900.00 and three specifications of forgery totaling $650.00.  He was sentenced to a BCD, forfeiture of all pay and allowances, confinement at hard labor for 26 months, and reduction from pay grade E-3 to pay grade E-1.  On 19 March 1986, the convening authority reduced the confinement period to 13 months as a result of a pretrial agreement and approved the sentence adjudged, and except for the part extending to the BCD, ordered the sentence executed.

On 22 July 1986, the applicant was released from confinement at the United States Disciplinary Barracks, Fort Leavenworth, Kansas and placed on military parole.

On 19 September 1986, the United States Court of Military Review affirmed the findings, approved the sentence, and ordered the BCD duly executed.

On 17 October 1986, the applicant was discharged, in absentia, after completing 
1 year, 6 months and 11 days of active military service.  He also had 306 days of lost time due to being AWOL and in confinement.

The statutory authority under which this Board was created (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:  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.	The overall merits of the case, including the latest arguments are insufficient 
as a basis for the Board to reverse its previous decision and grant clemency 
due to the fact that the applicant met entrance qualification standards to include age.  Further, there is no evidence that he was any less mature than other soldiers of the same age who successfully completed their military service obligation.

2.	The applicant’s drug issue has been previously considered and establishes
no basis to grant clemency in this case.

3.  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, then in effect.  Additionally, the discharge appropriately characterizes the misconduct for which the applicant was convicted.

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

JHL_____  TDH____  UPS____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027959	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19861017	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	A68.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6800	
2.		
3.		
4.		
5.		
6.