MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           10 May 2000
	DOCKET NUMBER:  AR2000035481

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern, III		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 be upgraded to a general discharge.

APPLICANT STATES:  In effect, that his bad conduct discharge was inequitable because it was based on one isolated incident during his 14 years of honorable
service.  He also states that he did not know he was suffering from Post Traumatic Stress Disorder (PTSD) while serving in the Panama Canal Zone, where he was stationed at the time of his court-martial for uttering worthless checks.  He goes on to state that he would like the Board to review his military service from July 1969 to July 1976 and from September 1977 to 1984 and to
see that his Enlisted Evaluation Reports (EER) ratings were highly exceptional until 1986.  He further states that he is now enrolled in a PTSD Program at Bay Pines VA Medical Center (VAMC) in Bay Pines, Florida and that the bad checks were paid before his court-martial.  In support of his application he submits a copy of his DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), two DD Forms 214 (Certificate of Release or Discharge from Active Duty/Report of Separation from Active Duty), one character reference and several letters of appreciation and commendation.

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

He entered active duty on 23 July 1969 as a communications lineman and continued to serve until he was honorably discharged on 28 October 1970 in order to reenlist.  He reenlisted on 29 October 1970.  He served in Vietnam from 18 December 1970 to 17 December 1971 and continued to serve through a series of continuous reenlistments.

He was convicted by a general court-martial on 11 December 1985 for larceny and wrongful uttering of bad checks (23 checks) in the amount of $2,240 from April 1985 to June 1985.  His sentence consisted of a reduction to the pay grade of E-1, confinement for 1 year and a Bad Conduct Discharge.  The sentence was adjudged on 11 December 1985.

The applicant underwent a mental status evaluation 20 February 1986, which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.

On 20 February 1986, the applicant declined to undergo a separation medical examination.

On 22 August 1986, the Court of Military Review affirmed the findings and sentence as provided by the convening authority.

On 4 April 1987, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a Bad Conduct Discharge
Certificate.  

The applicant applied to the Army Discharge Review Board (ADRB) on 
8 December 1996.  However, his case was ineligible for review by the ADRB due to his conviction by a general court-martial.  This Board accepted his application
(DD Form 149), dated 24 December 1999.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-11 of that regulation provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.

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 regulation.

2.  The Board noted the applicant’s contention that his bad conduct discharge
was inequitable because it was based on one isolated incident during his
14 years of honorable service.  However, records show the applicant cashed 
23 worthless checks over a period of 3 months which is not an isolated incident.

3.  The Board also noted the applicant’s contention that he did not know he was suffering from PTSD while serving in the Panama Canal Zone.  However, there is no evidence in the available records, and the applicant has provided no evidence to support his contention.  The Board also noted that the applicant declined to undergo a separation medical examination, which would have determined any symptoms of personality disorders and which would have determined that he was medically unfit for separation or that such medical unfitness was the underlying cause for his misconduct.

4.  There is no evidence in the applicant’s personnel records, and the applicant has provided no evidence, to show that his discharge was unjust and should be upgraded.  While the Board recognizes the applicant’s 14 years of honorable service and recognition from his superior, these factors are not sufficient to
warrant an upgrade of his discharge.

5.  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.

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:

MKP____  GDP____  TBR ____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2000035481	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000510	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19870427	
DISCHARGE AUTHORITY	AR 635-200, chapter 3	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189 (BCD)		
2.		
3.		
4.		
5.		
6.