MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 May 2000                   
	DOCKET NUMBER:   AR1999030140

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. George D. Paxson 		Member	
	Mr. Thomas B. Redfern III		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 conviction by a special court-martial be expunged from his records.

APPLICANT STATES:  In effect, that he never should have been court-martialed in the first place; that the adultery and sodomy for which he was convicted was consensual in nature; that he had ineffective counsel.  He adds that he wants to become a police officer and this conviction is hindering that process.

EVIDENCE OF RECORD:  The applicant's military records were not available. Information herein was obtained from alternate sources and shows:

He enlisted in the Regular Army for 4 years on 25 November 1987.  Upon completion of all required military training and the basic airborne course, he was assigned to the 504th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina.  While at Fort Bragg, he was promoted to the rank of Specialist (E-4) on 1 February 1990.  He also participated in Operation Desert Shied/Storm in Southwest Asia from 17 August 1990 through 3 April 1991.

In October 1991, the applicant departed Fort Bragg for an assignment with the 508th Infantry Battalion, Republic of Panama.  While in Panama, the applicant was reduced to Private (E-1) on 28 May 1993.  Although the facts and circumstances surrounding that reduction are not available, the applicant contends, and the Board accepts, that he was convicted by a special court-martial on 1 March 1993.  He regained his rank of Specialist on 1 February 1994.

The applicant received an Honorable Discharge on 16 September 1994.  He had 6 years, 9 months, and 22 days of creditable active Federal service and no lost time.  His rank at the time of his separation was Private (E-1).

The Military Justice Act of 1983 (Public Law 98-209), provides, in pertinent part, that military correction boards may not disturb the finality of a conviction by court-martial.

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.  The applicant’s records are not available; information presented to the Board was obtained from documents submitted by the applicant.  It shows that he was reduced from Specialist to Private in May 1993.

2.  The applicant’s contention that he was convicted by a special court-martial in Panama for adultery and sodomy is accepted.  His contention that he was not effectively represented by counsel is rejected as unproven.

3.  By law, the Board may not disturb the finality of a court-martial conviction; it may only mitigate the punishment when deemed appropriate.  In this situation, since the applicant has an Honorable Discharge for the period of service that includes the period of the special court-martial conviction, there is no punishment to mitigate.

4.  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

__mkp__  ___gdp___  __tbr____  DENY APPLICATION

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

INDEX

CASE ID	AR1999030140	
SUFFIX		
RECON		
DATE BOARDED	20000510	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	105.0100	
2.		
3.		
4.		
5.		
6.