MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 October 2000
	DOCKET NUMBER:   AR2000042844

	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:

	Mr. John D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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 be upgraded to honorable.

APPLICANT STATES:  That he’s the sole provider for his family of six--his fiancée, his five children, and himself.  He needs an upgrade in his discharge so he can seek better employment and be a better provider.  Over the past 5 years, he’s been a good citizen and a hardworking parent.  He presents no issues, admits to being wrong, and asks for mercy.

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

He enlisted on 14 January 1992 and, after training, was assigned to Korea.  Upon completion of his overseas tour, he was reassigned to Fort Stewart, Georgia.

On 19 May 1994, the applicant was tried by a general court-martial and found guilty of conspiracy to steal a motor vehicle, of a value in excess of $100.00, the property of another soldier; and stealing a motor vehicle, of a value in excess of $100.00, the property of another soldier.  He was sentenced to confinement for 12 months, forfeiture of $400.00 per month for 12 months, reduction in rank to private (E-1), and a bad conduct discharge.  The sentence was affirmed.

The bad conduct discharge was executed on 14 March 1997 at Fort Leavenworth, Kansas.  The applicant had 3 years and 10 months of creditable service and 486 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.  The applicant’s assertion that he has been a good citizen is accepted by the Board.  However, this fact is not so extraordinary as to demonstrate that the discharge is now unjust.

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

__jdm___  __cjs____  __jed____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042844	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19970314	
DISCHARGE AUTHORITY	AR635-200 CH3	
DISCHARGE REASON	A67.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.