MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 October 2000
	DOCKET NUMBER:  AR2000037834

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Barbara J. Ellis		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:  Upgrade of his dishonorable discharge.

APPLICANT STATES:  In his second period of service, 12 February 1964 through 30 August 1966, his only “offense” was reporting to sick call because of an on-duty eye injury, which was caused in and by military duty.  The applicant provides no evidence to support his request.

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

That he was inducted into the Army of the United States on 12 February 1962.  On 21 May 1962, he was honorably discharged to reenlist in the Regular Army on 22 May 1962.  His military occupational specialty was that of a carpenter.  After completing training, he was assigned to Fort Polk, Louisiana, on 13 August 1962. He was reassigned to Company B, 79th Engineer Battalion in Germany on 
3 November 1963.  He was advanced to the rank of Specialist Four (Temporary) on 12 August 1964.

On 9 June 1965, the applicant was convicted by a special court-martial for AWOL from 22 May to 30 May 1965.  He was sentenced to confinement at hard labor for 6 months and forfeiture of $48.00 per month for 6 months.  He was also reduced to pay grade E-1.

On 14 December 1965, the applicant was convicted by a general court-martial for eight specifications of transferring certain checks falsely made with intent to defraud and eight specifications of stealing US currency, the property of the European Exchange System.  He was sentenced to confinement at hard labor for one year and a dishonorable discharge.

He was subsequently dishonorably discharged on 30 August 1966 with 3 years, 3 months, and 22 days creditable service and 453 days lost time.

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.  The applicant was dishonorably discharged as a result of a general court-martial for multiple serious offenses.  There is no error or injustice found in his discharge.

2.  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

__ro___  ___ls___  ___be___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037834	
SUFFIX		
RECON		
DATE BOARDED	20001017	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19660830	
DISCHARGE AUTHORITY	AR 635-204	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.110	Discharge Documents	
2.		
3.		
4.		
5.		
6.