MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 October 2000
	DOCKET NUMBER:   AR2000042847

	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 N. Slone		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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:  In two separate letters to the Board, he describes his abusive childhood, then states that he was so close to finishing his enlistment that it was unfair to give a bad discharge.  He had every intention of reenlisting before he was court-martialed.  He describes how he has been a good citizen since his discharge and regrets each and every day the mistake that he made in the Army.  His record of absences without leave (AWOL) indicates isolated offenses caused by his medical condition (he had severe skin conditions which couldn’t adapt to the cold in Alaska) which impaired his ability to serve in Alaska. He also states that he tried to apply for a compassionate reassignment twice, but was unfairly denied or told to forget it.  In support of his request, the applicant submits five letters attesting to his good character.

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

He enlisted on 29 December 1987 and, after training, was assigned to Alaska.

On 2 February 1990, the applicant was administered nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for leaving his guard post without being properly relieved, failing to report to his appointed place of duty, and AWOL from 18 January 1990 to 26 January 1990.  His punishment included reduction in rank to private (E-1).

On 16 February 1990, the applicant was administered NJP for leaving his appointed place of duty without proper authority.

On 2 August 1990, the applicant was tried by a general court-martial and found guilty of wrongfully conspiring with two other soldiers to commit housebreaking and larceny, and unlawfully entering the barracks room of another soldier with the intent to commit larceny.  He was sentenced to confinement for 1 year, forfeiture of all pay and allowances and a bad conduct discharge.  The approved sentence was affirmed upon review.

The bad conduct discharge was executed on 20 December 1991 at Fort Riley, Kansas.  The applicant had 3 years, 1 month and 7 days of creditable service and 315 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 Board accepts the applicant’s assertion that he has been a good citizen; 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

__jns___  __rjw____  __rtd ____  DENY APPLICATION

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

INDEX

CASE ID	AR2000042847	
SUFFIX		
RECON		
DATE BOARDED	20001003	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19911220	
DISCHARGE AUTHORITY	AR635-200 CH3	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.