MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 February 2001
	DOCKET NUMBER:   AR2000046264

	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	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Melvin H. Meyer		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 under honorable conditions (general).

APPLICANT STATES:  That he paid for his mistake by going to military prison for a year and a day.  He has asked twice before for an upgrade to his discharge and feels that he has done more than enough and should not have to pay the rest of his life for his mistake.

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

He enlisted in the Army on 5 January 1978 for 3 years.  He successfully completed his initial training and was assigned for duty as a supply specialist (76Y).

On 8 November 1978 the applicant received Nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for being absent without leave (AWOL).  The punishment included a forfeiture of $50.00.

On 8 January 1980 the applicant’s commander initiated a recommendation to bar him from reenlistment due to his NJP and his inability to manage his personal affairs, as indicated by notifications of dishonored checks written by the applicant on five different occasions.  On 20 February 1980 the appropriate authority approved the bar to reenlistment.

On 15 August 1980 the applicant was convicted by a general court-martial of three specifications alleging sale of government property of a total value of $925.86.  The sentence included 18 months confinement at hard labor, reduction to private E-1, and a bad conduct discharge.  The convening authority approved the sentence, suspending confinement at hard labor in excess of one year and one day.

On 5 October 1981 the sentence was affirmed on appellate review and the BCD was executed.  Accordingly, the applicant was discharged on 23 October 1981.  He completed 2 years, 11 months and 24 days of creditable active service and had 294 days lost time due to AWOL and confinement.

The applicant applied to this Board for an upgrade of his discharge on               26 November 1988 and again on 27 July 1989.  Both of his requests were denied on the basis of failing to file within this Board’s 3-year statute of limitations.

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 applicant’s trial by general court-martial was warranted by the gravity of the offenses charged.  His 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 contention that he has paid for his mistake and should now receive an upgrade to his discharge is without merit.  His misconduct was so grievous that it warranted a general court-martial.  He has not provided any evidence or persuasive argument to convince this Board that his discharge merits an upgrade.

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

__FNE__  __MKP__  __MHM__  DENY APPLICATION

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

INDEX

CASE ID	AR2000046264	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A68.00	
2.		
3.		
4.		
5.		
6.