MEMORANDUM OF CONSIDERATION

          IN THE CASE OF:  

	BOARD DATE:  11 June 2002
	DOCKET NUMBER:  AR2002066923

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Harry B.Oberg		Member	
	Mr. Roger W. Able		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:  Upgrade the characterization of his discharge under conditions other than honorable.

APPLICANT STATES:  At the time, he was young (19 years old), foolish, and should have been given a change.  Since 1988, he has been bettering his life.

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

He was inducted into the Army on 23 July 1969.  He completed basic combat training at Fort Campbell, Kentucky, on or about 28 September 1969, with ratings of excellence for conduct and efficiency.  He was advanced to private, pay grade 
E-2, on 23 November 1969.  He completed advanced individual training as an infantryman, military occupational specialty 11B, at Fort Polk, Louisiana, on or about 28 November 1969, with ratings of excellence for conduct and efficiency.  

He was ordered to duty in Vietnam.  Enroute to Vietnam, he was absent without leave (AWOL) starting 19 December 1969.  On 3 February 1970, he was arrested in Cleveland, Ohio, and convicted by a civil court of armed robbery.  He was sentenced to 10 to 25 years in the Ohio State Reformatory.  (The applicant stated in the record that he was paroled in 1973.)

After review by a board of officers at Fort Knox, Kentucky, with representation by counsel on 25 August 1971, the discharge authority directed that the applicant be discharged with an undesirable discharge, under conditions other than honorable, due to conviction by a civil court under authority of Army Regulation (AR) 635-206, paragraph 33 (now AR 635-200, chapter 14.)  The applicant was so discharged on 15 September 1971, and reduced to a private, pay grade E-1.  He had 4 months and 26 days creditable service and 636 days of lost time.

In 1979, he applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge.  On 26 August 1980, he appeared with counsel before the ADRB in Cleveland, Ohio.  The ADRB determined that in light of the facts, that the applicant’s undesirable discharge, under conditions other than honorable, was proper and equitable, that his post service conduct was not sufficiently meritorious to justify an upgrade, and denied his request for upgrade.

Army Regulation 635-200 (Personnel Separations Enlisted Personnel), 
chapter 14 (Conviction by Civil Court), in pertinent part, states that a soldier may be considered for discharge when initially convicted by civil authorities or when the sentence by civil authorities includes confinement for 6 months or more.  
A soldier convicted by a civil court will be reduced or considered for reduction.

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 of error or injustice in the applicant’s undesirable discharge, under conditions other then honorable, as a result of conviction by a civil court for armed robbery and confinement in a state reformatory facility in excess of 6 months.

2.  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___  __rd___  __ra___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066923	
SUFFIX		
RECON		
DATE BOARDED	20020611	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	19710915	
DISCHARGE AUTHORITY	AR 635-206, para 33	
DISCHARGE REASON	Civil Conviction	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	144 – Administrative Discharge	
2.		
3.		
4.		
5.		
6.