MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 November 2000                            
	DOCKET NUMBER:   AR2000040406

	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. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Thomas Lanyi		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 (BCD) be upgraded. 

APPLICANT STATES: No contentions submitted.

EVIDENCE OF RECORD: The applicant’s military record shows:

He enlisted in the Regular Army on 11 November 1977 for a period of 4 years.  He completed the required training and was awarded military occupational specialty 11CP10 (Indirect Fire Infantryman).  The highest grade he achieved was pay grade E-4.   

On 8 November 1983, the applicant was convicted by a special court-martial of being absent without leave from 5 August 1980 to 27 September 1983.  He was sentenced to a reduction to pay grade E-1, confinement at hard labor for 
2 months, a forfeiture of $382.00 per month for 2 months and to be discharged from service with a BCD.  On 6 December 1983, the sentence was approved by the convening authority.  The record of trial was forwarded to the Judge Advocate General of the Army for review by a board of review.  The United States Army Court of Military Review affirmed the sentence and the finding of guilty.  The record does not indicate that the applicant petitioned the United States Court of Military Appeals for a grant of review. 

On 12 May 1986, the applicant was discharged, in pay grade E-1 under the provisions of the Army Regulation 635-200, chapter 3, as a result of a court-martial.  He had completed 5 years, 2 months and 26 days of active military service.

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

DISCUSSION:

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 this requirement.

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 applicant has submitted neither probative evidence nor convincing argument in support of the request.

4.  The applicant has failed to provide any basis for the Board to grant clemency in his case.

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___  __cla___  __ti____  DENY APPLICATION

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

INDEX

CASE ID	AR000040405	
SUFFIX		
RECON		
DATE BOARDED	20001130	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19860512	
DISCHARGE AUTHORITY	AR635-200, chap 3.  .  .  .  .  	
DISCHARGE REASON	A68.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6800	
2.		
3.		
4.		
5.		
6.