MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 July 2000
	DOCKET NUMBER:   AR2000035474

	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. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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 general under honorable conditions.

APPLICANT STATES:  That he came from a broken home and married and had children at a very young age.  After his enlistment in the Army, he had difficulty with authority figures and could not “get with the program” because of his very poor upbringing.  After his discharge, he was committed to the Oregon State Mental Institution for a nervous condition and psychological problems.  He eventually was able to join the Job Corps and learn some working skills.  In support of his request, the applicant submits copies of documents from his military personnel records, General Educational Development test results and a high school diploma, a job resume, two letters of character reference, and a 
12-page vocational evaluation report from a rehabilitation service in Florida.

COUNSEL CONTENDS:  Counsel offered no evidence or argument beyond that submitted with the application.

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

He enlisted on 4 September 1975 and, after training, was assigned to Alaska.

On 24 September 1975, the applicant was administered nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for being disrespectful in language toward a noncommissioned officer (NCO).

On 4 October 1976, the applicant was administered NJP for wrongful possession of marijuana.

On 3 December 1976, the applicant was tried by a special court-martial and found guilty of failure to obey a lawful order from a commissioned officer, failure to obey a lawful order from an NCO, two specifications of breaking restriction, and assaulting an NCO.  He was sentenced to reduction in rank to the lowest enlisted grade and a bad conduct discharge.  

The applicant was placed on excess leave effective 15 December 1976 pending final disposition of his court-martial case.  On 22 June 1977, the approved sentenced was affirmed upon review.  On 4 October 1977, the bad conduct discharge was executed.  The applicant had 2 years, 1 month and 1 day of creditable service.

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 has been 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

__cmf___  __emw__  __jpi____  DENY APPLICATION

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

INDEX

CASE ID	AR2000035474	
SUFFIX		
RECON		
DATE BOARDED	20000706	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19771004	
DISCHARGE AUTHORITY	AR635-200 CH11	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.