MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 NOVEMBER 2001                   
	DOCKET NUMBER:   AR2001062015

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Mr. John T. Meixell		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 dishonorable discharge be upgraded to a general or honorable discharge.

APPLICANT STATES:  In effect, that he was within months of his scheduled separation date when he made one “terrible decision.”  He states that “the devil in (him)” allowed him to justify his actions by believing that he was not really hurting anyone, that no one would ever find out, and that he “could really use the money.”  He states that he made restitution on the money he took and now asks the Board to consider that he was a “20 year old immature kid” at the time and is now an “honorable, hardworking 34 year old husband with two kids.”  He submits no evidence in support of his request.  Although less than 15 years have elapsed since the applicant was discharged, the Army Discharge Review Board is precluded from acting on the request to upgrade the applicant’s discharge because the discharge resulted from a general court-martial.  However, in the interest of time, a DD Form 293 was accepted in lieu of a DD Form 149.  

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

He enlisted and entered active duty for a period of 3 years on 13 March 1986.  At the time of his enlistment he was 18 years old, with 12 years of formal education, one semester of college, and a GT (general technical) score of 91.  Following successful completion of basic and advanced individual training he was assigned to Germany as a personnel administrator.  He was promoted to pay grade E-4 in April 1987 and awarded an Army Achievement Medal.

In August 1988 the applicant was punished under Article 15 of the UCMJ (Uniform Code of Military Justice) for sleeping on duty and for being absent without leave.  His punishment included extra duty, restriction, forfeiture, and reduction to pay grade E-1, which was suspended.  The suspended reduction was vacated in January 1989.

In February 1989, after being charged with one count of receiving stolen property (which he knew had been stolen), one count of attempting to steal money from the bank account of another soldier, and six counts of stealing the property of another soldier, the applicant requested an administrative discharge in lieu of trial by court-martial.  His request was denied.

The applicant was subsequently convicted by a general court-martial, in consonance with his plea, of the above listed charges.  The court-martial order indicates that the applicant received an automatic teller card, belonging to another soldier, on 28 December 1988.  The applicant then attempted to steal money from that account on 28 December 1988.  He then stole between $300.00 and $340.00 dollars from the account on 28, 29, 30 and 31 December 1988 and on 1 and 2 January 1989.  His sentence included a dishonorable discharge, confinement for 5 years (of which the convening authority approved only 27 months), and forfeiture of all pay and allowances.  His dishonorable discharge was executed on 12 June 1990.

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 discharge was accomplished in compliance with applicable laws and regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2.  While the Board has considered the applicant’s age at the time of his military service and his contention that he has had good post-service conduct, none of these factors, either individually or in sum, warrants the relief requested.  Additionally, the Board notes that the applicant, when only 18/19 years old, successfully completed basic and advanced individual training and was promoted to pay grade E-4 with barely 1 year of active service.  

3.  The applicant has presented no compelling evidence that there were any mitigating factors that would excuse, or justify, his actions which resulted in conviction by a general court-martial.

4.  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 that requirement.

5.  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

__AAO__  __LE____  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2001062015	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011127	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105.00	
2.		
3.		
4.		
5.		
6.