MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            27 January 2000
	DOCKET NUMBER:   AR1999028585

	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.

	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, 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:  In effect, that his bad conduct discharge (BCD) be upgraded to an honorable discharge.

APPLICANT STATES:  He was 18 years old, an alcoholic with a serious drinking problem and he was 4000 miles from home (Alaska).  He further states that it has been over 15 years since his separation from the service and he has not been in any trouble with the law.  He states, that he did his job well while on active duty and performed it extremely well while not drinking.  He has since married and has several children and is finding it difficult to get a better job because of the BCD discharge.  He also states he receives no public assistance.

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

He enlisted in the Army Reserve (USAR) on 27 May 1980.  He received his 
Initial Active Duty for Training (IADT) tour from 12 September to 16 June 1980.
He was trained in military occupational specialty (MOS) 13B10 (Cannon Crewman).  He then enlisted in the Regular Army for a period of 3 years on 
4 February 1981 and on 17 February 1981, he was assigned to Fort Wainwright, Alaska, for duty in MOS 13B.  

On 29 April 1981, he was found guilty by a summary court-martial of unlawfully striking two enlisted members on their faces and bodies with his hands on 
22 March 1981.  He was sentenced to forfeiture of $78.00 pay and confinement at hard labor for 25 days.

On 27 March 1982, the applicant was convicted by a general court-martial (GCM) of two specifications of disobeying a lawful order of a superior noncommissioned officer (NCO) and one specification of assaulting a superior NCO, all occurring on 25 October 1981, and a fourth specification of assaulting another soldier and stealing $100.00 on 1 November 1981.  He was sentenced to a BCD, forfeiture of all pay and allowances for 9 months; reduction to pay grade E-1 and transfer to Fort Riley, Kansas, for confinement at hard labor for 9 months.  

On 10 September 1982, the convening authority in effect modified the 
sentence to show that only pay, not pay and allowances would be forfeited 
for 9 months from that date.

On 17 November 1982, he was placed on excess leave without pay, to await his appellate review.

On 3 August 1983, the United States Court of Military Review affirmed the finding of guilty for the four specifications.  However, the court modified the sentence to show that the applicant was sentenced to reduction to pay grade E-1, forfeiture of only $551.00 pay per month for 9 months, confinement at hard labor for 9 months and a BCD.  
On 14 December 1983, the appropriate authority noted that the sentence having being affirmed and Article 71(c) having been complied with, ordered the BCD to be duly executed.

On 10 January 1984, the applicant was discharged, with a BCD under the provisions of Army Regulation 635-200, Chapter 3, by reason of conviction by court-martial, other.  He had completed 2 years, 3 months and 2 days of active military service and had 246 days of lost time due to confinement and 420 days excess leave.

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.  The sentence may be modified by the Board based only upon a finding of clemency.

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.

3.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted.

4.  The applicant has provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that his service mitigated his unacceptable conduct.

5.  The Board congratulates the applicant on his efforts to improve his employment opportunities since departing the Army.  However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.

6.  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

__INW___  ___SK___  __EJA__  DENY APPLICATION

					Karl F. Schneider
					Director, Army Review Boards Agency

INDEX

CASE ID	AR1999020603	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920501	
DISCHARGE AUTHORITY	AR 635-200 para 16-5b	
DISCHARGE REASON	A9241	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	0100	
2.	9217	
3.	9455	
4.		
5.		
6.