MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 October 2001  
	DOCKET NUMBER:   AR2001058711

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		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 upgraded to honorable.

APPLICANT STATES:  In effect, that his discharge should be upgraded.  In support of his application, he submits a character reference letter, dated 8 July 2001, from his pastor.  

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

The applicant entered active duty on 22 July 1975, served as a cannon crewman in Germany and was honorably discharged on 30 March 1978 for immediate reenlistment.  He reenlisted on 31 March 1978 and again on 21 January 1980.  

On 7 February 1984 nonjudicial punishment was imposed against the applicant for being derelict in the performance of his duties.  His punishment consisted of a reduction to pay grade E-4.

On 5 May 1986 the applicant was convicted by a general court-martial of conspiracy and theft of Noncommissioned Officer Club funds ($3350).  He was sentenced to be reduced to pay grade E-1, to forfeit all pay and allowances, to be confined for 14 months and to be discharged from the service with a bad conduct discharge.  The convening authority approved the sentence on 6 June 1986; however, confinement in excess of one year and one day was suspended for one year. 

On 24 July 1986 the Army Court of Military Review affirmed the sentence.

On 4 December 1986 the Army Clemency and Parole Board approved parole for the applicant effective 30 December 1986. 

The applicant’s appellate review was completed on 31 March 1987.

Accordingly, the applicant was discharged pursuant to the sentence of a general court-martial on 30 April 1987.  He was issued a Bad Conduct Discharge Certificate.  He had served 10 years, 10 months and 13 days of total active service with 361 days lost due to confinement.   

Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the soldier’s separation specifically allows such characterization.

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 reviewed the applicant’s record of service and determined that his quality of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant is not entitled to an honorable discharge.

2.  The Board noted that the applicant had served 10 years, 10 months and 
13 days of total active service at the time of his discharge.  However, the Board determined that the seriousness of the conspiracy and larceny offenses for which the applicant received a general court-martial conviction are too serious to warrant relief in the form of a general discharge as well. 

3.  The Board also considered the character reference letter provided on behalf of the applicant.  However, good post-service conduct alone is not a basis for upgrading a discharge.

4.  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.

5.  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.

6.  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

MKP____  KAK_____  RTD_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001058711	
SUFFIX		
RECON		
DATE BOARDED	20011002	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19870430	
DISCHARGE AUTHORITY	AR 635-200 Paragraph 3-11	
DISCHARGE REASON	As a result of court-martial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.