MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 February 2001                            
	DOCKET NUMBER:   AR200047967

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman, Jr.		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:  In effect, that his bad conduct discharge (BCD) be upgraded to an honorable discharge. 

APPLICANT STATES:  In effect, that he believes that the discharge he received was excessively harsh decision due to his immaturity that was influenced by alcohol.  He submits four letters in support of his applications.  

EVIDENCE OF RECORD:  The applicant’s military record shows:

He enlisted in the Regular Army on 24 October 1985 for a period of 2 years.  He completed the required training and was awarded military occupational specialty 88M10 (Motor Transport Operator).  The highest grade he achieved was pay grade E-3.

On 14 May 1987, the applicant was convicted by a general court-martial of the wrongful appropriation of a military truck, for the wrongful use of Marijuana, for operating a vehicle while intoxicated, for the possession of alcoholic beverage in an military vehicle and for being absent without leave from 17 to 18 February 1987.  He was sentenced to confinement at hard labor for 12 months, a reduction to pay grade E-1, forfeiture of all pay and allowances and to be discharged from service with a BCD.  On 17 June 1987, the convening authority approved the sentence.  On 23 June 1987, the record of trial was forwarded to the Judge Advocate General of the Army for review by a board of review.  On 29 July 1987, the United States Army Court of Military Review affirmed the sentence and the finding of guilty.  The record does not indicate that the applicant petitioned the United States Court of Military Appeals for a grant of review. 

On 28 February 1988, the applicant was discharged, in pay grade E-1 under the provisions of the Army Regulation 635-200, chapter 3, as a result of a court-martial.  He had completed 1 year, 6 months and 15 days of active military service.

DISCUSSION:

1.  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.

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 applicant's contentions have been noted by this Board, however, the applicant has submitted neither probative evidence nor convincing argument sufficiently to warrant relief. 

4.  The applicant has failed to provide any basis for the Board to grant clemency in his case.

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

__jl____  __gdp___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047967	
SUFFIX		
RECON		
DATE BOARDED	20010208	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19880228	
DISCHARGE AUTHORITY	AR635-200,chp3 .  .  .  .  .  	
DISCHARGE REASON	A68.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6800	
2.		
3.		
4.		
5.		
6.