MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 June 2000						DOCKET NUMBER:   AR2000036890

	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. Joann H. Langston 		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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.

APPLICANT STATES:  That his general court-martial was unfair and based solely on race.

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

He enlisted on 1 October 1992 and, after training, was assigned to Fort Polk, Louisiana.  In August 1993, he was reassigned to Fort Hood, Texas.

On 20 September 1994, the applicant was tried by a general court-martial and found guilty of conspiracy to commit assault, and aggravated assault with intent to commit grievous bodily harm.  He was sentenced to confinement for 6 months, forfeiture of $300.00 per month for 6 months, reduction in rank to the lowest enlisted grade, and a bad conduct discharge.  The approved sentence was affirmed upon review.

On 9 April 1997, the bad conduct discharge was executed at Fort Sill, Oklahoma. The applicant had 4 years, 1 month and 27 days of creditable service and 
132 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.  Contrary to the applicant’s charge, there is no evidence in the available records to demonstrate that he was the victim of racial prejudice.

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

__jhl____  ___jns___  __mhm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000036890	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19970409	
DISCHARGE AUTHORITY	AR635-200 CH3	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.