MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 October 2000
	DOCKET NUMBER:   AR2000042157

	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:

	Ms. Shirley J. Powell		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Jaime Perez		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 honorable discharge.  He also requests that he be reimbursed for all of his financial losses.

APPLICANT STATES:  In effect, that the type of discharge that he received is too harsh considering the nature of his offense.

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

On 7 July 1981, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training as a food service specialist.

On 24 May 1984, the applicant was convicted by a general court-martial of failure to place sufficient funds in the American Express Bank for payment of thirteen checks between 15 November and 31 December 1983.  His sentence consisted of a BCD, confinement at hard labor for 12 months, a reduction to the pay grade of E-1 and a forfeiture of $425.00 a month for 12 months.

The United States Army Court of Military Review approved the findings as adjudged on 28 August 1984.  Accordingly, on 29 March 1985, 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 2 years, 10 months and 14 days of total active service and he was furnished an BCD.

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 evidence of record clearly shows that the applicant was convicted by a general court-martial of failure to place sufficient funds in the American Express Bank for payment of 13 checks.  Considering the nature of his offenses it does not appear that his BCD was too harsh.

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

___eja __  __jp ____  __slp____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042157	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/10/05	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1985/03/29	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  678	144.6803	
2.		
3.		
4.		
5.		
6.