MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           5 September 2002                  
	DOCKET NUMBER:   AR2002071670

	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. W. W. Osborn, Jr. 		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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. 

APPLICANT STATES:  His BCD is inequitable because it is based upon a single incident in 59 months of service.  In effect, he would appreciate being eligible for Department of Veterans Affairs (VA) compensation and treatment for his injuries, the loss of his right index finger and part of his thumb and attendant loss of range of motion in the hand and a left shoulder that was broken in five places.  "Without an upgrade I will continue to endure pain as a part of these injuries."  He received an honorable discharge after the accident, but the VA is basing the entire case on his last discharge.  He also requests a personal hearing if his request is going to be denied.

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

On 7 June 1994, following 3 years in the Naval Junior Reserve Officer Training Course in high school, the applicant enlisted in the Regular Army for 6 years.  He was awarded the Army Achievement Medal for his performance as an operations support technician at the Overhead Collection Management Center, National Security Agency for the period 15 September to 2 December 1995.  

He was transferred to the Air Defense Artillery Center, Fort Bliss, Texas.  On 22 August 1996 the applicant accidentally amputated his right index finger and part of his right thumb in a lawnmower.  On 7 June 1997, he reenlisted for 6 years.  He was awarded the Good Conduct Medal.   

On 11 March 1998, before a general court-martial, the applicant pled guilty to wrongful appropriation of military property between 1 February and 6 August 1997; selling military property in excess of $100.00 value on or about 5 August 1997; between 1 February and 28 February 1997, unauthorized destruction or disposal of such property; and attempting to sell such property on or about 6 August 1997.  The sentence consisted of reduction to pay grade E-1, total forfeitures, a BCD and 15 months confinement.  

The convening authority approved the findings and sentence, but waived the forfeitures effective 26 March 1998 until 26 June 1998.  The findings and sentence were affirmed upon review and the BCD was executed on 10 May 1999.

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.  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.

2.  The overall quality of the applicant's service does not outweigh the offenses to which he pled guilty.  Furthermore, the dates demonstrate that this was not "one incident."

3.  There is no statutory or regulatory right to a formal hearing.  The Board receives over 13,000 applications each year, but normally grants fewer than fifteen formal hearings a year.  Formal hearings are granted only when the Board determines that a case is so complex, the records so incomplete, or that only sworn testimony can provide the necessary information.

4.  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.

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

__ CLA__  __MHM__  __JTM __  DENY APPLICATION

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

INDEX

CASE ID	AR2002071670	
SUFFIX		
RECON		
DATE BOARDED	20020905	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19990510	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.