MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 December 2000
	DOCKET NUMBER:   AR2000047029

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Ms. Gail J. Wire		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 honorable.

APPLICANT STATES:  In effect, that he admits that he made a mistake, that he wishes that he could take it back, that he paid for his mistake, that he has matured and is now married with children, and that he desires to get on with his life.  However, the only thing that is impeding his ability to get a better job is his BCD.  He further states that he has not been in any trouble with the law since his discharge (save a traffic ticket), that he has maintained employment and that his one desire in life is to get his discharge upgraded, not only for his own sake, but for that of his family as well.

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

He enlisted in Memphis, Tennessee on 19 November 1985 for a period of           3 years and 14 weeks and training as an infantryman.  He successfully completed his training and was transferred to Germany on 11 September 1987.  He was promoted to the pay grade of E-4 on 1 January 1988.

He reenlisted on 7 October 1988 for a period of 4 years, assignment to Fort Campbell, Kentucky, and payment of a selective reenlistment bonus (SRB).  He remained in Germany until 19 February 1989 when he was transferred to Fort Campbell.

Although the facts and circumstances are not present in the available records, they do show that nonjudicial punishment was imposed against him for misconduct on 12 June 1990.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.

On 29 October 1990, he plead guilty and was convicted by a general            court-martial of receiving stolen property, eleven specifications of larceny of private property from eleven civilian business establishments, and being AWOL from 7 August 1990 to 10 September 1990.  He was sentenced to confinement for 15 months, reduction to the pay grade of E-1, forfeiture of all pay and allowances for 15 months and a BCD. 

The United States Court of Military Review affirmed the findings and sentence of the general court-martial on 2 April 1991.  The United States Court of Military Appeals denied his petition for appeal on 31 July 1991.

On 31 October 1991, he was discharged pursuant to his court-martial conviction and was issued a BCD.  He had served 4 years, 8 months and 18 days of total active service and had 35 days of lost time due to AWOL and 417 days of lost time due to imprisonment.

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 type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not sufficiently mitigating when compared to the seriousness of the offenses for which he was convicted and his otherwise undistinguished record of service. 

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

___ewl __  ___kak__  __gw ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047029	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000/12/21	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1991/10/31	
DISCHARGE AUTHORITY	GCM	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/A68.00	
2.		
3.		
4.		
5.		
6.