MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 May 2000                  
	DOCKET NUMBER:   AR2000036513

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller 		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.

APPLICANT STATES:  In effect, that he received nonjudicial punishment (NJP) for accidentally erasing a computer disc which was his first disciplinary action after serving 11 months of service.  He contends that he was court-martialed for wrongfully appropriating private property of a service member and willfully disobeying a noncommissioned officer.  He claims that during his special court-martial (SPCM) his counsel never brought out the fact that the small radio cassette, which he was accused of stealing from a fellow service member, had been loaned to him on several occasions by the service member.  He goes on to state that he borrowed the radio while the service member was out in the field and when the service member got back he accused the applicant of stealing the radio.  The service member went to a noncommissioned officer who questioned the two as to what happened and an argument ensued.  The applicant claims he had to get out of the building to calm down, the sergeant tried to stop him from leaving the argument and then he was then charged with disobeying a noncommissioned officer.  He further states that he has never had criminal charges brought against him since he left military service, that he has tried to be a good citizen and obey all laws and that he realizes a mistake was made by borrowing the radio without permission.  In support of his application, he submits a letter of explanation.    

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

The applicant enlisted on 5 June 1984 for a period of 3 years.  He successfully completed basic and advanced individual training at Fort Jackson, South Carolina, and was transferred to Korea for duty as an administrative specialist. 

On 14 May 1985 NJP was imposed against the applicant for being derelict in the performance of his duties.  His punishment consisted of reduction to pay grade E-2, a forfeiture of pay, and 45 days of extra duty and restriction.  

On 5 September 1985 the applicant was convicted by SPCM of wrongful appropriation of private property of a service member and willfully disobeying a noncomissioned officer.  He was sentenced to a bad conduct discharge, confinement for 2 months, forfeiture of $413 for 2 months and reduction to pay grade E-1.  The convening authority approved the sentence on 4 October 1985.

On 9 December 1985 the Court of Military Review affirmed the findings of guilty and the sentence.  His appellate review was completed on 22 April 1986.

Accordingly, the applicant was discharged pursuant to the sentence of a SPCM
on 22 May 1986.  He was issued a Bad Conduct Discharge Certificate.  He had served 1 year, 10 months and 4 days of total active service and had 44 days lost time due to confinement.

On 6 August 1999 the Army Discharge Review Board denied the applicant’s request for upgrade of his discharge to general. 

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 affected in accordance with applicable law and regulations.

2.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The applicant’s contentions were noted by the Board.  However, the applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.

4.  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.

5.  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____  MDM____  MW_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000036513	
SUFFIX		
RECON		
DATE BOARDED	20000524	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19860522	
DISCHARGE AUTHORITY	AR 635-200 Chapter 3	
DISCHARGE REASON	As a result of court-martial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.