MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  2 April 2002
	DOCKET NUMBER:  AR2001062152

	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. Walter T. Morrison		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Curtis L. Greenway		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.

APPLICANT STATES:  That as a youth, he was unable to understand the entire scope of military life.

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

At the age of 17 years, he enlisted on 21 October 1964, as a field communications crewman.

Between May and July 1965, the applicant was punished twice under Article 15,
Uniform Code of Military Justice (UCMJ), for failure to obey a lawful order by his class leader, and for dereliction of duty.  His punishment consisted of a forfeiture of pay and 14 days restriction and extra duty, respectively. 

The applicant was barred from reenlistment on 11 February 1966, for the 
above offenses.

His DA Form 20 (Enlisted Qualification Record) shows that he was in confinement from 7 March to 31 March 1966 (25 days).

He was convicted by a special court-martial on 30 March 1966, of being absent from his appointed place of duty on two occasions, of failure to obey a lawful order from his superior commissioned officer, of breaking restriction, of violation of a lawful general regulation, and of larceny of private property.  His sentence consisted of a forfeiture of pay, confinement at hard labor for 3 months, and reduction to the pay grade of E-1, with the period of confinement suspended for
3 months.  His sentence was approved on 30 March 1966.

He was convicted by a general court-martial on 23 November 1966, of being AWOL from 9 June to 23 September 1966 (107 days), and of larceny of private property.  His sentence consisted of a forfeiture of all pay and allowance, and 
a bad conduct discharge.  His sentence was approved on 31 December 1966.

On 23 February 1967, he was punished under Article 15, UCMJ, for absenting himself from his unit.  His punishment consisted of 21 days restriction and extra duty.

On 6 March 1967, he was punished under Article 15, UCMJ, for failure to go to his appointed place of duty.  His punishment consisted of 7 days restriction and extra duty.

His DA Form 20 also shows that he went AWOL from 14 March to 24 August 1967 (164 days), and was in confinement from 25 August to 18 September 1967 (25 days).

On 10 April 1967, the United States Army Judiciary Board of Review affirmed the findings and sentence as provided by the convening authority.

The applicant underwent a separation medical examination on 7 September 1967, and was found qualified for separation.

On 19 September 1967, the applicant was discharged from the Army pursuant to the sentence of a general court-martial and was issued a bad conduct discharge.
He had served 1 year, 9 months, and 7 days of creditable service and had 321 days of lost time due to AWOL and confinement.

Army Regulation 635-204, in effect, at the time, set forth the basic authority for the separation of enlisted personnel.  Paragraph 1(b) of the regulation provided, in pertinent part, that an enlisted person would 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 sentences ordered duty 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 that as a youth, he was unable to understand the entire scope of military life.  The Board notes that he was 
17 years of age at the time he committed his first and second offense, 18 years of age at the time he was convicted by his special and general court-martial, and was 19 years of age at the time he committed his last offense.  Evidence also shows that he had a total of 321 days of lost time.  Therefore, his age is not sufficiently mitigating in this case to warrant relief due to his numerous acts of indiscipline.

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

__wm___  ___rs___  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062152	
SUFFIX		
RECON		
DATE BOARDED	20020402	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19670919	
DISCHARGE AUTHORITY	AR 635-204	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  360		
2.		
3.		
4.		
5.		
6.