MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 July 2001
	DOCKET NUMBER:   AR2001056780

	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:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Arthur A. Omartian		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 an honorable discharge and his reentry (RE) code be changed to a code that will allow him to reenter military service.

APPLICANT STATES:  In effect, that he desires restoration to active duty or an opportunity to again enlist and serve on active duty.  He goes on to state that he made a grave mistake during his first enlistment by getting into a fight and injuring another soldier and realizes that there was no excuse for his misconduct. However, he has matured since that occurred and has married a soldier on active duty who is currently stationed in Germany.  He further states that he desires an opportunity to show that he can be a squared away soldier and that he has a lot to offer.  He asks the Board for an opportunity to overcome his past so that he can start a family.  In support of his application he submits a statement in his own behalf, the results of his appellate review, a favorable counseling statement rendered while on active duty, and four third party character references.

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

He enlisted at Fort Meade, Maryland on 26 August 1998 for a period of 3 years and training as a quartermaster/chemical equipment repairer.  He successfully completed his training and was transferred to Germany on or about 26 February 1999.

On 4 August 1999 he was convicted by a special court-martial of committing an assault upon another soldier on 15 May 1999 by punching and kicking him with a means likely to produce death or grievous bodily harm, to wit: repeatedly in the head and face with a booted foot.  He plead guilty to the charges and was sentenced to confinement for 2 months, reduction to the pay grade of E-1 and a bad conduct discharge (BCD).

On 12 October 2000, the United States Army Court of Criminal Appeals affirmed the findings and sentence as approved by the convening authority.

The applicant was discharged on 18 June 2001, pursuant to the sentence of a court-martial, with a BCD.  He had served 2 years, 8 months and 2 days of total active service and had approximately 50 days of lost time due to confinement. 

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.  The applicant was properly discharged pursuant to a sentence by a special court-martial with no indication of any violations of any of his rights.

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

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

____wtm_  __jm____  ___ao___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056780	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/07/31	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	2001/06/18	
DISCHARGE AUTHORITY	BCD 	
DISCHARGE REASON	A68.00/BCD	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/A68.00/BCD	
2.		
3.		
4.		
5.		
6.