MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 July 2000
	DOCKET NUMBER:   AR2000034973

	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:

	Ms. Jennifer L. Prater 		Chairperson	
	Mr. Melvin H. Meyer		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:  That he is currently going through the Training, Education, Employment and Management Program, a welfare program of the North Dakota Department of Human Services.  An upgrade in his discharge would help in his ability to receive veterans benefits and to become self sufficient.

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

He enlisted on 17 January 1980 and was assigned to Fort Knox, Kentucky for training and permanent assignment.

On 7 July 1980, the applicant was administered nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL) from 2 June to 20 June 1980.

On 28 July 1982, the applicant was administered NJP for failure to report to his appointed place of duty and being disrespectful in language to a noncommissioned officer (NCO).

On 22 September 1982, he received NJP for failure to obey a lawful order.

On 5 May 1983, the applicant was tried by a special court-martial and was found guilty of assaulting a warrant officer, and for being AWOL from 24 January 1983 to 11 April 1983.  He was sentenced to confinement at hard labor for 60 days, forfeiture of $300.00 per month for 2 months, reduction in grade to private E-1, and a bad conduct discharge.  The applicant was placed on excess leave effective 12 July 1983 pending final disposition of his court-martial case.  On 
24 September 1984, the approved sentenced was affirmed upon review.  

The bad conduct discharge was executed on 11 October 1984.  The applicant had 4 years, 3 months and 5 days of creditable service and 202 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.  The applicant’s assertion that he is working to establish himself as a good citizen is accepted by the Board.  However, this fact is not so extraordinary as to demonstrate that the discharge is now unjust.

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 this 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

__jlp____  __mhm__  ___jea___  DENY APPLICATION

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

INDEX

CASE ID	AR2000034973	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19841011	
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.