MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 June 2000                 
	DOCKET NUMBER:   AR2000036020

	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		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Arthur A. Omartian		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 DD Form 214, Report of Transfer or Discharge, be corrected to show he received an honorable discharge to match his discharge certificate.

APPLICANT STATES:  That he feels his DD Form 214 was typed in error.  He was given full benefits as honorable for educational purposes and his final discharge was honorable.

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

He was inducted into the Army on 5 March 1970.  On 10 March 1970, he was honorably discharged for the purpose of immediately reenlisting on 11 March 1970.

On 10 September 1970, the applicant was convicted by a special court-martial of being absent without leave (AWOL) for the periods 29 March to 11 May 1970,   17 June to 22 July 1970, and 17 to 19 August 1970.  He was sentenced to confinement at hard labor for 4 months, suspended and to forfeit $45.00 pay for  4 months.

On 14 January 1972, the applicant was convicted by a general court-martial of being AWOL from 14 September 1970 to on or about 3 February 1971 and from 10 March to on or about 9 November 1971.  He was sentenced to hard labor for 15 months and to a bad conduct discharge.  

On 15 March 1972, the U. S. Army Court of Military Review found the findings of guilty and the sentence as approved correct in law and fact.  On the basis of the entire record, however, it found that only so much of the sentence as provided for a bad conduct discharge and confinement at hard labor for 9 months should be approved.

On or about 5 June 1972, the U. S. Court of Military Appeals denied the applicant’s petition for a grant of review.

On 5 June 1972, the applicant was discharged with a bad conduct, under conditions other than honorable discharge pursuant to his court-martial sentence. He had completed 2 months and 6 days of creditable active service for that period and had 709 days of lost time.  His DD Form 214, item 25 shows he had completed Benefits of Honorable Discharge training.

Title 10, U. S. code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.  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.

2.  The applicant’s Honorable Discharge Certificate is for his discharge on          10 March 1970.  His DD Form 214 is for the period beginning 11 March 1970 and ending with his bad conduct, under conditions other than honorable discharge on 5 June 1972 resulting from his sentence by general court-martial.  Item 25 of that DD Form 214 shows he received training, presumably in basic training, in the benefits of an honorable discharge, not that he received full benefits of an honorable discharge for educational purposes.  The Board concludes there is no error on his DD Form 214.

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

__slp___  __lem___  __aao___  DENY APPLICATION

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

INDEX

CASE ID	AR200036020	
SUFFIX		
RECON		
DATE BOARDED	20000608	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.