PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 January 2000                   
	DOCKET NUMBER:   AR1999029589

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. John P. Infante		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his bad conduct discharge be upgraded to a general discharge under honorable conditions.

3.  The applicant states that 18 years have passed and he would like to enter the National Guard or the U. S. Army Reserve.  God has changed his life and he has been doing good things.  He provides his DD Form 214 and three letters of support as evidence.

4.  The applicant's military records show that he enlisted in the Regular Army on 16 March 1976.  He completed basic training and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).  On  15 October 1978, he was honorably discharged for the purpose of immediately reenlisting on 16 October 1978.

5.  On 21 June 1979, the applicant accepted non-judicial punishment under Article 15, Uniform Code of Military Justice for failing to go to his appointed place of duty.

6.  On 19 May 1980, the applicant was convicted by a special court-martial of selling military property without proper authorization; six specifications of signing official documents with intent to deceive; seven specifications of stealing private or Government property; and forgery.  He was sentenced to be reduced to pay grade E-1, to be confined at hard labor for 3 months, to forfeit $149.00 pay per month for 3 months, and to be discharged with a bad conduct discharge.  On    16 October 1980, the U. S. Army Court of Military Review affirmed the findings and the sentence.

7.  On 12 June 1981, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial sentence.

8.  Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

9.  The Department of Veterans Affairs (VA), in determining qualifications for benefits administered by that agency, generally holds that an individual who accepts a discharge prior to completion of his complete term of obligated service may not be eligible for benefits unless or until the VA or the Service Department determines that the early discharge amounted to a complete and unconditional separation from the service.

CONCLUSIONS:

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.  Although the Board has considered the applicant’s letters of support, they do not warrant the relief requested and it would not be appropriate to change the records to show that the applicant was discharged honorably from the reenlistment commencing on 16 October 1978.  However, it appears that his honorable discharge of 15 October 1978 should be considered as having been issued as a complete and unconditional separation.

3.  The circumstances of the applicant’s honorable discharge on 15 October 1978 may work an injustice upon him by depriving him of consideration for certain VA benefits for the preceding period of service.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:  

1.  That all of the Department of the Army records related to this case be corrected by showing that the applicant was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 15 October 1978.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __clg___  __jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999029589	
SUFFIX		
RECON		
DATE BOARDED	20000119	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.