MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 May 2002
	DOCKET NUMBER:   AR2002068648

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 (BCD) be upgraded to a more favorable discharge.

APPLICANT STATES:  That at the time he had an alcohol problem and was not aware of how it affected his behavior at the time.  In support of his application he submits three third party letters of support.

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

He enlisted in Detroit, Michigan, on 7 June 1977 for a period of 3 years, training as a field artilleryman, and assignment to Fort Sill, Oklahoma.  He was transferred to Fort Sill to undergo his training. 

On 3 August 1977, nonjudicial punishment (NJP) was imposed against him for being absent from his place of duty.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

On 10 February 1978, NJP was imposed against him for being drunk in quarters. His punishment consisted of a forfeiture of pay, extra duty and restriction. 

On 28 February 1978, NJP was imposed against him for disobeying a lawful order from a superior noncommissioned officer (NCO).  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.

On 6 March 1978, NJP was imposed against him for two specifications of disobeying a lawful order from an NCO.  His punishment consisted of a forfeiture of pay.

The applicant was convicted by a special court-martial on 18 May 1978 of one specification of being disrespectful in language towards an NCO, two specifications of striking an NCO and one specification of being absent without leave (AWOL) from 10 March to 20 March 1978.  He was sentenced to confinement at hard labor for 3 months, a forfeiture of pay and a BCD.

The applicant was transferred to Fort Leavenworth, Kansas to serve his confinement and was released on 2 August 1978.  He was transferred to Fort Knox, Kentucky, and was placed on excess leave pending the appellate review of his case.  

On 27 June 1979, he was discharged under other than honorable conditions, pursuant to the sentence of a special court-martial and was issued a BCD.  He had served 1 year, 8 months and 17 days of total active service and had 121 days of lost time due to AWOL and confinement.

The third party statements submitted by the applicant serve to state that the applicant is self employed, hard working, and attends church.

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. 

3.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

4.  The applicant’s contentions and third party statements of support have been noted by the Board.  However, they are not sufficiently mitigating to warrant relief when compared to his overall undistinguished record of service.

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

___fe ___  ___pm __  ___ra ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068648	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/16	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1979/06/27	
DISCHARGE AUTHORITY	BCD/SPCM	
DISCHARGE REASON	105.0100/BCD	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/A68.00	
2.		
3.		
4.		
5.		
6.