MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:           10 October 2001                  
	DOCKET NUMBER:   AR2001057879

	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. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder 		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 a General Discharge (GD).

APPLICANT STATES:  In effect, that he made every effort to assist the Government, from assisting with gathering and explaining the evidence to pleading guilty; that during the entire investigation, he maintained a military presence; that the charges against him are the only blemish on his military service; and that he has made full restitution.

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

He enlisted in the Regular Army on 4 August 1992 for a period of 2 years and 22 weeks, making his expiration term of service (ETS) date 4 January 1995.  He enlisted for the United States Army Two-Year Enlistment Option and training in Military Occupational Specialty (MOS) 91B, Medical Specialist.  Following all military training, the applicant was awarded MOS 91B and was assigned to Fort Lee, Virginia.

The applicant served honorably for 31 months and without incidents of misconduct.  He was promoted to private first class/E-3 and was awarded the Army Achievement Medal.

On 31 January 1994, the applicant was assigned to Fort Hood, Texas.  

While at Fort Hood, court-martial charges were preferred against the applicant for larceny and wrongful appropriation of private property (11 bank checks) between 26 December 1993 and 3 January 1994 and forging and uttering 10 checks in the amount of $1, 613.88 in U.S. currency on six occasions.  He pleaded guilty to the charges or to lesser included offenses.  He was tried and convicted by a general court-martial on 4 January 1995 and sentenced to reduction to private/E-1, forfeiture of all pay and allowances, confinement for 6 months, and a BCD.  He was confined to the Regional Correctional Facility, Fort Sill, Oklahoma.

After serving his sentence to confinement, the applicant was involuntarily placed on excess leave on 19 July 1995 pending appellate review of his court-martial conviction.  On 9 April 1996, the appellate review was completed, the sentence was affirmed, and the BCD was executed.

On 17 May 1996, the applicant was discharged after completing 3 years, 4 months, and 17 days of active military service and accruing 346 days of lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, paragraph 3-11, provides that a soldier will be given a BCD pursuant only to an approved sentence to a general court-martial or special court-martial.  The appellate review must be completed and the affirmed sentence 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.  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.  Even though the applicant assisted in the investigation, pleaded guilty, maintained his military presence, and had no other misconduct, by stealing, forging, and uttering checks belonging to another soldier, he violated the trust and confidence placed in him as a soldier.  

3.  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.

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

__LLS___  __CG___  ___JRS__  DENY APPLICATION

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

INDEX

CASE ID	AR2001057879	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19960517	
DISCHARGE AUTHORITY	AR 635-200, c3	
DISCHARGE REASON	General Court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	144.9453	
2.		
3.		
4.		
5.		
6.