MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  27 February 2001
	DOCKET NUMBER:  AR2000049563

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		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:  In effect, that his bad conduct discharge be upgraded to a general or honorable discharge.

APPLICANT STATES:  That he maintained a clean record, both in the military and the civilian sector for 30 months.  However, he got in trouble which resulted in a bad conduct discharge and nine months of confinement.  He also states that he is asking for a discharge upgrade because it has been like a black cloud over his head since being discharged.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 14 February 1975 as a communications center specialist.

He was convicted by a general court-martial on 21 October 1977 of nine specifications of larceny and of nine specifications of intent to deceive and sign an official document.  His sentence consisted of a reduction to the lowest enlisted grade, a forfeiture of pay, confinement at hard labor for 10 months, and a bad conduct discharge.  The sentence was approved on 1 November 1977.

On 29 March 1978, the Court of Military Review affirmed the findings and sentence as approved by the convening authority.

The applicant underwent a separation medical examination on 15 June 1978 and was found qualified for separation.

On 16 June 1978, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a Bad Conduct Discharge Certificate.  He had served 2 years, 8 months, and 4 days of creditable service and had 116 days of lost time due to confinement prior to his scheduled expiration of term of service (ETS) and 123 days of lost time due to confinement subsequent to his normal ETS.

Army Regulation 635-200, in effect, at the time, set forth the basic authority for
the separation of enlisted personnel.  Paragraph 11-2 of the regulation provided, in pertinent part, that an enlisted person will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial, after completion of appellate review and after such affirmed sentence has been ordered duly executed.

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 Board notes the applicant’s contentions; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contentions or to show that his discharge was unjust and should be upgraded.  The Board also notes that he has not provided any evidence to mitigate the character of his discharge.

2.  Trial by court-martial was warranted by the gravity of the offense charged.  Conviction and discharge were effected in accordance with applicable law and regulation.

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

___js___  ___ra____  ___mm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000049563	
SUFFIX		
RECON		
DATE BOARDED	20010227	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19780616	
DISCHARGE AUTHORITY	AR 635-200, C 11-2	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.191/BCD		
2.		
3.		
4.		
5.		
6.