MEMORANDUM OF CONSIDERATION

	IN THE CASE OF 

	BOARD DATE:  7 February 2002
	DOCKET NUMBER:  AR2001061022

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret K. Patterson		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 an honorable or general discharge. 

APPLICANT STATES:  That his discharge was too harsh for the less than 30 days absence without leave (AWOL) that he was charged with.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted in the US Air Force (USAF) on 9 November 1970.  He continued to serve until he was honorably discharged from the USAF on 18 December 1977.

He enlisted in the Regular Army on 23 January 1979, in the pay grade of E-4
as a construction equipment repairman.  

On 29 November 1979, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for failure to go to his appointed place of duty.  His punishment consisted of a reduction to the pay grade of E-3, a forfeiture of pay, and 14 days restriction and extra duty.

On 6 February 1981, he was punished under article 15, UCMJ, for failure to go
to his appointed place of duty.  His punishment consisted of a forfeiture of pay.

He was convicted by a special court-martial on 16 September 1981, of being AWOL from 30 April to 8 May 1981 (8 days), and from 26 June to 23 July 1981 (28 days).  His sentence consisted of a reduction to the lowest enlisted grade, 
a forfeiture of pay, confinement at hard labor for 30 days, and a bad conduct discharge.  The sentence was approved on 8 January 1982.

On 10 December 1982, the Court of Military Review affirmed the findings and sentence as approved by the convening authority.

On 18 February 1983, the applicant was discharged from the Army pursuant to the sentence of a special court-martial and was issued a Bad Conduct Discharge Certificate.  He had served 11 years, 6 months, and 20 days of creditable service and had 36 days of lost time due to AWOL.  

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 6 July 1995.  The ADRB determined that his discharge was proper and equitable and denied his request on 26 January 1997.

Army Regulation 635-200, in effect, at the time, set forth the basic authority for
the separation of enlisted personnel.  Paragraph 11-2 of the regulation provided, in pertinent part, that an enlisted person will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial, after completion of appellate review and after such affirmed sentence has been 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.  The Board notes the applicant’s contention; however, there is no evidence in the available records, and the applicant has provided no evidence, to support his contention or to show that his discharge should be upgraded. The Board also notes that he has not provided any evidence to mitigate the character of his discharge.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulation.

3.  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.

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

__fe___  __le___  ___mp_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061022	
SUFFIX		
RECON		
DATE BOARDED	20020207	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19830218	
DISCHARGE AUTHORITY	AR 635-200  C, 11	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.