MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  12 March 2002
	DOCKET NUMBER:  AR2001061874

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Raymond J. Wagner		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 a general discharge.

APPLICANT STATES:  That his bad conduct discharge should be upgraded to a general discharge.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 17 June 1982, as light weapons infantryman (11B).

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he
was AWOL from 30 October to 4 November 1982 (6 days).

The applicant was barred from reenlistment on 11 April 1983, for a pending court-martial and for an Article 15, Uniform Code of Military Justice, which is unavailable for review.

He was convicted by a special court-martial on 11 May 1983, of being disrespectful in language toward his superior noncommissioned officer on 
three occasions and of failure to obey a lawful order from his superior 
noncommissioned officer on two occasions.  His sentence consisted of a reduction to the pay grade of E-1, a forfeiture of pay, confinement at hard labor for 2 months, and a bad conduct discharge.

On 29 June 1984, the Court of Military Review affirmed the findings and sentence as provided by the convening authority.

On 20 September 1984, the applicant was discharged from the Army pursuant to the sentence of a special court-martial and was issued a bad conduct discharge.
He had served 2 years, 1 month, and 2 days of creditable service and had 64 days of lost time due to AWOL and confinement.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-11 of that regulation provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the affirmed sentence 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.

2.  Trial by court-martial was warranted by the gravity of the offense 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

__iw___  ___gw___  __rw____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061874	
SUFFIX		
RECON		
DATE BOARDED	20020324	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19840920	
DISCHARGE AUTHORITY	AR 635-200, chap 3	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  360		
2.		
3.		
4.		
5.		
6.