MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 March 2002                   
	DOCKET NUMBER:   AR2002067999

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms . Deborah S. Jacobs		Member	
	Mr. Ronald E. Blakely		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 he requests his discharge be upgraded in order to join the Air Force Reserve to be able to assist his country during these hard times.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 12 May 1981.  He completed basic training.

On 28 August 1981, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for being disrespectful in language towards his superior noncommissioned officer.

On 9 October 1981, the applicant accepted NJP under Article 15, UCMJ for wrongfully engaging in a fistfight in company formation.  

On 21 October 1981, the applicant accepted NJP under Article 15, UCMJ for failing to go to his appointed place of duty.

On 15 January 1982, the applicant was convicted by a special court-martial of being absent without leave (AWOL) from 1 to on or about 26 December 1981 and for breaking restriction on 28 December 1981.  He was sentenced to confinement at hard labor for 3 months and to forfeit $300.00 pay per month for  3 months.

On 5 March 1982, the applicant was convicted by a special court-martial of being AWOL from 18 to on or about 19 January 1982; of escaping from lawful confinement; and of wrongfully and unlawfully obtaining services of a value of about $110.00, to wit:  transportation from Columbus, GA to Fort Rucker, AL by pretending to be on authorized leave with the means to pay cab fare with intent to deceive.  He was sentenced to confinement at hard labor for 6 months, to forfeit $367.00 pay per month for 6 months, and to be discharged with a bad conduct discharge.

The findings of guilty and the sentence were affirmed and the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial on 4 April 1983.  He had completed 10 months and 13 days of creditable active service and had 271 days of lost time.

On 15 January 1985, the Army Discharge Review Board (ADRB) denied the applicant’s request for an upgraded discharge.

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.  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.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

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

__gdp___  __dsj___  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2002067999	
SUFFIX		
RECON		
DATE BOARDED	20020326	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.