RECORD OF PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           2 December 2003                   
	DOCKET NUMBER:   AR2003086153

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H< M		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his Bad Conduct Discharge (BCD) be upgraded to fully honorable.

2.  The applicant states that he made a bad decision while in the Army, and he was punished for that decision.  He was “young and dumb” when he made his bad decision.  He is now older and has changed a lot.  His BCD is now hurting him in the civilian community.  He would like to put his mistakes behind him.  He is willing to rejoin the military to get his discharge upgraded.  If reentering the military isn’t an option, he would like to have a positive discharge on his records.  He adds that he became a husband in 2002 and now knows what it means to be a responsible person.

3.  The applicant does not provide any documentation in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  He enlisted in the Regular Army with no prior service on 3 August 1993.  He was awarded the military occupational specialty of infantryman and was promoted to pay grade E-3.

2.  On 23 February 1995, he was tried by a General Court-Martial.  He was 20 years old at that time.  He was found guilty pursuant to his pleas of larceny of an unknown quantity of checks; of larceny of $150.00; of a second specification of larceny of $150.00; of a third specification of larceny of $150.00; of larceny of $85.00; and of four specifications of forgery.  He was sentenced to a BCD, confinement for 18 months, a forfeiture of $500.00 per month for 18 months, and a reduction to pay grade E-1.  The convening authority approved the sentence but suspended confinement in excess of 12 months for one year.

3.  He was then imprisoned.  On 12 June 1995, the United States Army Court of Criminal Appeals affirmed the conviction.  Upon completion of his sentence, he was given excess leave from 14 December 1995 to 9 April 1997.

4.  On 9 April 1997, he was given a BCD.  He had 2 years, 10 months and 26 days of creditable service.  He did not have any significant awards or decorations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s theft of checks, and his forging the signature of the check’s rightful owner to cash them, certainly warranted the sentence imposed. 

2.  While the applicant was young, he was 20 years old when he was tried by court-martial.  There is no evidence which would show that immaturity caused the applicant problems while he was on active duty.  

3.  It is commendable that the applicant has now matured and taken on the responsibilities of a family.  However, living a normal, productive life does not normally provide a basis for upgrading a properly issued discharge.

4.  Without evidence to show that an error was made in his court-martial, or that the applicant’s post-service accomplishments are so meritorious as to warrant upgrading a properly issued discharge, there is insufficient basis in which to recommend approval of his request.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__phm___  ___mhm_  ____fne_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		__________Fred N. Eichorn____________
		        CHAIRPERSON

INDEX

CASE ID	AR2003086153	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031202	
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.		
2.		
3.		
4.		
5.		
6.