MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            26 September 2000
	DOCKET NUMBER:   AR2000039190

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baker		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 (BCD) be upgraded to an general discharge.

APPLICANT STATES:  That consideration should be given to the fact that he had two honorable discharges before he got a BCD.  He states that he has completed of all of the required military schools prior to receiving his BCD.  He goes on to state that he is now a correction officer and he cannot get a good job until he gets his discharge upgraded.  He states that anything less than upgrading his discharge would be a hardship on himself and his family.

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

On 23 February 1976, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as a cavalry scout and he remained on active duty through a series of reenlistments.

On 17 January 1989, while serving in the pay grade of E-6, the applicant was convicted by a general court-martial of sixteen specifications of intent to defraud for the procurement of lawful currency, wrongfully and unlawfully made and uttered bad checks in the amount of $4475.00 without sufficient funds.  His sentence consisted of a BCD and a reduction to the pay grade of E-1.

The United States Army Court of Military Review affirmed the findings and sentence on 17 January 1990.  Accordingly, on 11 July 1990, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 3 as a result of a court-martial conviction.  He had completed approximately 14 years and 5 months of total active service.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  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.

3.  The contentions of the applicant have been noted by the Board and while the Board is empathetic, the applicant's personal problems are not sufficiently mitigating to warrant an upgrade of his discharge.

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 this 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

__mm___  ___tb ___  ___ao ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039190	
SUFFIX		
RECON		
DATE BOARDED	2000/09/26	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1990/07/11	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100	
2.  715	144.7200	
3.		
4.		
5.		
6.