MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 June 2000
	DOCKET NUMBER:   AR1999029069

	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. Carl W. S. Chun
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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:  In effect, that his BCD will be set aside based on an alleged suit he has pending against the U.S. Army.  He is requesting that this Board “adhere to the findings of the Disabled American Veterans and impose a hearing on [his] behalf.”  He adds that the allegations in his pending suit are serious in nature and will prove that he was “railroaded into a BCD.”

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

He entered active duty on 8 January 1980 and was separated with an honorable discharge on 15 December 1982 for the purpose of immediate reenlistment.  His assignment history includes two overseas tours in Germany.

On 16 September 1985, the applicant was administered nonjudicial punishment by his battalion commander under Article 15, UCMJ, for four specifications of failure to report to his appointed place of duty.  His punishment included reduction in rank from specialist (E-4) to private (E-1).

On 3 October 1985, the applicant was tried by a general court-martial and found guilty of three specifications of making and uttering 19 personal checks in the amount of $7327.80 for the procurement of lawful currency while knowing he had insufficient funds in his account for payment of the checks upon presentment.  He was sentenced to confinement at hard labor for 6 months, forfeiture of all pay and allowances, and a BCD.  The approved sentence was affirmed upon review.

The BCD was executed on 4 February 1987 at Fort Riley, Kansas.  The applicant had 6 years and 8 months of creditable service and 148 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.  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 this requirement.

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

__mdm__  __wtm__  __clg____  DENY APPLICATION

    Carl W. S Chun
    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999029069	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19870204	
DISCHARGE AUTHORITY	AR635-200 CH3	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.