MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           02 MAY 2002
	DOCKET NUMBER:   AR2002066440

	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. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Christopher J. Prosser		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:  In effect, that his bad-conduct discharge be upgraded.  

APPLICANT STATES:  That it has been 20 years and he should have some benefits.  He submits no evidence in support of his request.

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

He entered active duty on 20 April 1979, at the age of 19, with 10 years of formal education.  He successfully completed training and was assigned to an infantry element in Germany in August 1979.

In February 1980 he was promoted to pay grade E-3.

Between December 1980 and November 1981, he was punished on four separate occasions under Article 15 of the UCMJ (Uniform Code of Military Justice).  His offenses included three instances of failure to repair and one of possession and transfer of marihuana.  As a result of his misconduct he was reduced to pay grade E-1 in July 1981.

On 7 January 1982 he was barred from reenlisting by his battalion commander.

On 28 January 1982 a request was initiated by the applicant's command to retain him on active duty beyond his 19 April 1982 scheduled separation date, pending the results of an Article 32 investigation and referral of charges.  The request was approved.

In April 1982 the applicant was convicted, pursuant to his pleas, by a general court-martial of larceny and housebreaking.  His sentence included confinement at hard labor for 2 years, total forfeiture, and a bad-conduct discharge.  The United States Army Court of Military Review affirmed the sentence upon review on 15 July 1982.

The applicant was confined at Fort Leavenworth in Kansas and on 15 December 1982 his bad-conduct discharge was 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.  There is no evidence, and the applicant has not provided any, that his discharge was in error or unjust.  He has submitted no evidence which would serve as a basis to upgrade his discharge as a matter of equity.

2.  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.

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

__FNE __  __WTM__  __CJP __  DENY APPLICATION

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

INDEX

CASE ID	AR2002066440	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020502	
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.	142.00	
2.		
3.		
4.		
5.		
6.