MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000047995

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		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:  That his bad conduct discharge be changed to honorable or general under honorable conditions.  

APPLICANT STATES:  That he believes that a bad conduct discharge was too severe for the offenses committed.  He provides his Report of Transfer or Discharge, DD Form 214; two character witness statements; a letter from The Adjutant General substituting a bad conduct discharge for his dishonorable discharge; and a certificate of accomplishment dated 30 October 1969 as supporting evidence.

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

He enlisted in the Regular Army on 14 April 1964.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

Between June 1965 and August 1966, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice on four occasions for disobeying an order to refrain from drinking alcoholic beverages for eight hours prior to going on duty; disobeying an order to get a haircut; absenting himself from his unit without proper authority; and, again, absenting himself from his unit without proper authority, respectively.

On 26 September 1966, the applicant was convicted by a special court-martial of breaking restriction.

On 4 May 1967, the applicant was convicted by a special court-martial of failing to go to his appointed place of duty (i. e., bed); disobeying an order from a noncommissioned officer to be at ease; disobeying an order from a commissioned officer to be at ease; and by behaving with disrespect towards the military police duty officer by using profanity and loud language towards him.  

On 8 November 1967, the applicant was convicted by a general court-martial of unlawfully entering Government property with intent to commit larceny; being absent without leave (AWOL) from 15 to 18 September 1967, and escaping from lawful confinement.  He was sentenced to be reduced to pay grade E-1, to confinement at hard labor for 3 years, to forfeit all pay and allowances, and to be dishonorably discharged.  

On 11 January 1968, the Board of Review, U. S. Army affirmed the findings and the sentence.  On 3 May 1968, the U. S. Court of Military Appeals denied the applicant’s petition for a grant of review.

On 24 July 1968, the Army and Air Force Clemency and Parole Board and the Office of the Secretary of the Army disapproved clemency on the sentence to confinement but approved the substitution of a bad conduct discharge for the sentence to a dishonorable discharge.

On 17 May 1968, the applicant was discharged with a bad conduct discharge pursuant to the Secretary of the Army’s approval to substitute that discharge for his sentence to a dishonorable discharge.  

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.  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.  Considering the applicant’s record of disciplinary actions, the dishonorable discharge appropriately characterized the misconduct for which he was convicted.  The applicant was shown clemency when his discharge was upgraded to a bad conduct discharge.  No further upgrade is warranted.

3.  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

__emw___  __amc___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047995	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.00	
2.		
3.		
4.		
5.		
6.