MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 September 2001
	DOCKET NUMBER:   AR2001058742

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Curtis L. Greenway		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:  In effect, that his dishonorable discharge (DD) be upgraded.

APPLICANT STATES:  In effect, that he was not in full control of his faculties at the time of his military arrest and that he suffers from mental illness.  He further states that his father died while he was in the service, and his mother was ill and died later.

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

He enlisted in the Army on 25 July 1979 for 3 years.  He completed his initial training and was assigned to the Republic of Korea for duty as an infantryman (11B).  Upon completion of his overseas tour of duty, he was returned to the United States for duty at Fort Campbell, Kentucky.  He attained the rank of private first class on 25 July 1980.

On 8 November 1979, the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for missing overseas movement and for being drunk in public, while in uniform.  The punishment included a forfeiture of $125.00 per month for 2 months and 20 days extra duty.

On 8 June 1982, the applicant appeared before a general court-martial (GCM).  He was charged with the following violations of the UCMJ:  Article 91 
(2 specifications) for willfully disobeying a lawful order;  Article 121 
(2 specifications) for wrongful appropriation; Article 122, for robbery; and Article 86, for being absent without leave (AWOL) for 5 days.  He plead and was found guilty of all charges and specifications.  The resultant sentence included a DD, reduction to private/E-1, confinement at hard labor for 
5 years, and forfeiture of all pay and allowances.

On 23 June 1982, the convening authority approved the sentence.  The convening authority suspended all confinement in excess of 3 years.

On 26 August 1982, the United States Army Court of Military Review found the approved findings of guilty and the sentence correct in law and fact and affirmed the guilty finding and sentence.  The excess confinement was automatically remitted.  

Order 21-08, United States Disciplinary Barracks, Fort Leavenworth, Kansas, dated 1 February 1983, directed the applicant’s discharge effective that same date.  Accordingly, he was issued a Dishonorable Discharge Certificate after completing a total of 2 years, 8 months and 7 days of creditable active service and having accrued 305 days of lost time due to AWOL and 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.  The applicant’s trial by GCM was warranted by the gravity of the offenses charged.  His 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.

2.  The applicant has not provided any evidence to substantiate his contention that he was incapable of self-control due to mental illness.  Furthermore, there is no evidence of record to support his contention.

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

___CLA__  __CLG__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001058742	
SUFFIX		
RECON		
DATE BOARDED	2001/09/11	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	1983/02/01	
DISCHARGE AUTHORITY	AR 635-200, 	
DISCHARGE REASON	Court-Martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  708	144.7100	
2.  715	144.7200	
3.		
4.		
5.		
6.