MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 July 2001                   
	DOCKET NUMBER:   AR2001059026

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Hubert O. Fry		Member	
	Mr. Eric N. Anderson		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 discharge be upgraded and his conviction be dismissed.  

APPLICANT STATES:  That he has been drug and alcohol free for over 5 years and has had no further troubles with the law.  He is an active member of the Healing Waters Ministry.  He feels he deserves an overturning of his discharge because he has not been a further problem for the legal system and has been a good influence on many.  He regrets the actions that led to his discharge.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 14 September 1993.  He completed basic training and advanced individual training and was awarded military occupational specialty 63S (Heavy Wheel Vehicle Mechanic).

On 26 March 1996, the applicant was convicted by a general court-martial of one specification of negligently damaging military property of a value more than $100.00; one specification of willfully damaging military property of a value less than $100.00; one specification of wrongfully appropriating military property of a value of more than $100.00; and one specification of unlawful entry.  He was sentenced to forfeit all pay and allowances, to be reduced to pay grade E-1, to be confined for 6 months, and to be discharged with a bad conduct discharge.  

On 26 August 1996, the applicant was placed on involuntary excess leave.

On 23 May 1997, the U. S. Army Court of Criminal Appeals affirmed the findings of guilty and the sentence.

On 6 November 1998, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial.  He had completed 4 years, 8 months, and 20 days of creditable active service and had 153 days of lost time (confinement). 

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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 Board is cognizant of the applicant’s prior lack of disciplinary action and his statement that his post-service conduct has been good.  However, 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.  It would not be equitable to consider upgrading his discharge so soon after his discharge and the Board does not have the authority to overturn or dismiss a court-martial conviction.

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

__rvo___  __hof___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059026	
SUFFIX		
RECON		
DATE BOARDED	20010726	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.