MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 December 1999  
	DOCKET NUMBER:   AR1999028514

	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. McKim-Spilker		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Mark D. Manning		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 (BCD) be upgraded to honorable.

APPLICANT STATES: The applicant has submitted psychiatric and medical treatment records in support of his contention that his misconduct on active duty is mitigated by his mental disorder, bipolar disorder.

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

He enlisted in the Regular Army (RA) for a period of 3 years on 8 January 1976. He successfully completed basic combat training at Fort Bliss, Texas, and advanced individual training (AIT) in military occupational specialty (MOS) 16R (Short Range Air Defense Artillery Crewman) at Fort Bliss, Texas.  He arrive at his first permanent duty station in Germany on 12 May 1976.

The applicant’s record documents that the highest permanent rank he held on active duty was private/E-2 and that the record contains no documented acts of valor, achievement, or service warranting special recognition.

On 29 January 1976 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for assaulting a soldier with a dangerous weapons, to wit, a dinner fork.  His punishment included forfeiture of $50, and 4 days restriction and extra duty.

On 6 August 1976 he accepted NJP for disrespectful language towards a noncommissioned officer and for throwing a noncommissioned officer out of a window.  His punishment included reduction to private/E-1, forfeiture of $150 per month for two months, and 30 days extra duty.

On 16 September 1976 he accepted NJP for failing to go to his appointed place of duty.  His punishment included forfeiture of $50 and 7 days restriction and extra duty.

On 24 June 1977 he was convicted by general court-martial for aggravated assault and striking a superior commissioned officer, and was sentenced to confinement at hard labor for 6 months, forfeiture of $200 per month for 6 months, and a Bad Conduct Discharge.

The applicant was in confinement from 3 May 1977 to 15 December 1977.  On 16 December 1977 he was restored to duty and placed on excess leave status pending completion of appellate review of his general court-martial.

On 11 May 1979 the applicant was discharged under the provisions of Paragraph 11-2, AR 635-200, with a DD Form 259A (Bad Conduct Discharge Certificate).  He was credited with 2 years, 8 months, and 27 days of active military service, with 217 days lost time under 10 U.S.C. Section 972.

AR 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 11-2 of the regulations provided, in pertinent part, that members convicted by general court-martial and sentenced to a Bad Conduct Discharge be separated from the service after completion of appellate review. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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.  There are no service medical records available which indicate that the applicant was treated for a psychiatric condition while in military service.  The current medical evidence submitted by the applicant documents his psychiatric condition since March 1994; however, this evidence does not provide probative medical evidence to establish a nexus between the applicant’s current condition and his mental status while in military service.

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

__TNK __  _EB_____  __MDM _  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999028514	
SUFFIX		
RECON		
DATE BOARDED	19991215	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19770511	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.  9323		
2.  0100		
3.  9500		
4.		
5.		
6.