MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 April 2000
	DOCKET NUMBER:   AR1999029081

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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 to honorable.

APPLICANT STATES:  In a one-page typewritten letter to the Board, that he was charged with theft, forgery and disorderly conduct, but he never did any of the things he was accused of.  He accuses his captain of being a homosexual and propositioning him for sex, but he wanted no part of it.  In retaliation, his captain charged him with disorderly conduct.  As for the theft charges or misuse of the mail room, he accuses two other soldiers of doing the stealing and him receiving the blame.  He just wants to make it clear that he deserves an honorable discharge.  He was paranoid for years thinking they were going to get him if he said anything, but he’s not 18 anymore.  He’s 36 and did nothing wrong but go to a bad unit and maybe a bad Army full of homosexuals and criminals.  He was abused and misused in the military.

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

He enlisted on 28 July 1981 and, after training, was assigned to Germany.

On 24 November 1982, the applicant was administered nonjudicial punishment under Article 15, UCMJ, for failing to obey a lawful order and assault.

On 21 June 1983, the applicant was tried by general court-martial and found guilty of two specifications of forgery, stealing mail, and being disrespectful in language toward a commissioned officer.  He was sentenced to confinement at hard labor for 6 months, forfeiture of all pay and allowances, reduction in grade to private (E-1), and a bad conduct discharge.  The approved sentence was affirmed upon review.

On 17 August 1983, while serving confinement at the US Disciplinary Barracks, Fort Leavenworth, Kansas, the applicant was tried by special court-martial and found guilty of being disrespectful in language toward an NCO.  He was sentenced to forfeiture of $50.00.

On 24 August 1984 the bad conduct discharge was executed at Fort Riley, Kansas.  The applicant had 2 years, 4 months and 16 days of creditable service and 250 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 the aforementioned 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

__jns____  ___emw_  ___jea__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029081	
SUFFIX		
RECON		
DATE BOARDED	20000406	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19840824	
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.