MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 September 2003 
	DOCKET NUMBER:   AR2003089852

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas A. Pagan		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 records be corrected to show he separated on 14 June 1992.  He also requests a copy of his DD Form 214 (Certificate of Discharge or Release from Active Duty).

APPLICANT STATES:  That his expiration term of service (ETS) was 14 June 1992.  The computer shows his ETS as 1994.  He has been out of the service since 1992 trying to upgrade his bad conduct discharge to honorable.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 15 November 1984.  He had continuous active duty and last reenlisted on 14 June 1990 for 2 years, making his ETS      13 June 1992.

On 9 April 1992, the applicant was convicted by a general court-martial of drunk driving, violating a regulation by possessing and transporting a sawed-off shotgun on post, and assault.  He was sentenced to confinement for 4 months, to forfeit $350.00 pay per month for 4 months, to be reduced to pay grade E-1, and to be discharged with a bad conduct discharge.  He was placed in confinement on this date.

On 18 July 1992, the applicant was released from confinement.  Effective 22 July 1992, he was placed on excess leave pending appellate review.  

Headquarters, U. S. Army Armor Center and Fort Knox General Court-Martial Order Number 127 dated 4 May 1994 shows that the applicant's sentence was affirmed and his bad conduct discharge would be executed.

On 16 June 1994, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial.  His DD Form 214 shows he was separated on 16 June 1994.

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.  The Board is cognizant of the fact the applicant's normal ETS was 13 (not 14) June 1992; however, he was held in the service beyond his normal ETS.  He was first held due to his confinement as the result of conviction and sentence by court-martial.  He was next held, although on excess leave, pending the completion of his appellate review.

3.  The applicant's appellate review was completed and his sentence affirmed around May 1994.  His bad conduct discharge was directed to be executed and he was discharged pursuant to his sentence by court-martial on 16 June 1994.  His DD Form 214 correctly shows he was discharged on 16 June 1994.

4.  A copy of the applicant's DD Form 214 will be provided to him.

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

__slp___  __wtm___  __tap___  DENY APPLICATION

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

INDEX

CASE ID	AR2003089852	
SUFFIX		
RECON		
DATE BOARDED	20030909	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.