MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 April 2000                  
	DOCKET NUMBER:   AR1999030626

	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.

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Curtis L. Greenway		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:  In effect, that his bad conduct discharge be upgraded to honorable.

APPLICANT STATES:  That his bad conduct discharge was inequitable because it was based on one isolated incident in his seven years of service with no other adverse action.  He claims that a review of his military records and the record of trial will prove his dedication as a soldier and cooperation during his confinement. He goes on to state that it has been eight years since his discharge and that he has become a responsible adult and an honorable upstanding citizen.  He truly regrets his actions, feels remorse and wishes to restore his standings and character with the U.S. Government and any privileges he may be entitled to as a veteran.  He contends that he is a volunteer for the New York State Games for the physically challenged, he contributes to the United Way and is a member of the Chairman’s Club of the United Way.  He also contends that he is loyal and dedicated to his profession as a printer and was awarded a Certificate of Craftsmanship as Master Pressman from the Master Printers of America.  In support of his application, he submits a DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States), dated
4 June 1999, with 17 enclosures as listed on his attachment to his DD Form 293. 

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

The applicant enlisted on 15 June 1984 for a period of 4 years.  He successfully completed his training at Fort Bliss, Texas, and was transferred to Germany for duty as a hawk fire control crewmember.  While in Germany, the applicant was honorably discharged on 21 July 1987 and he immediately reenlisted on 22 July 1987 for a period of 3 years.    

On 27 May 1988, the applicant’s commander initiated action to bar him from reenlistment.  He cited as the basis for his recommendation the applicant’s record of non-payment of just debts which included four separate incidents (overdrawn account and dishonored checks).  The applicant elected not to submit a statement in his own behalf.  The Board notes that one incident of non-payment of just debt shown on the applicant’s DA Form 4126-R (Bar to Reenlistment Certificate) indicates that as a result of a dishonored check for $300 on 21 July 1986, a Bar to Reenlistment was initiated and later lifted in April 1987. 

The appropriate authority approved the Bar to Reenlistment on 30 June 1988.

The Bar to Reenlistment was reviewed on 30 December 1988 and it was determined that the bar would remain in effect.  The applicant was advised that if the bar is not removed by the second six-month review he would be processed for involuntary separation proceedings.  

The applicant’s records contain DA Form 4187 (Personnel Action), dated 
27 February 1989, which indicates the applicant was reduced by nonjudicial punishment to E-3 (private first class).  

On 30 June 1989 the applicant’s Bar to Reenlistment was reviewed and he was informed that the bar would remain in effect and that he would be processed for separation under the provisions of Army Regulation 601-280, Chapter 6, paragraph i(6).

On 18 April 1990, the applicant was convicted by general court-martial of conspiring to commit larceny of military property of a value in excess of $100, violating a lawful general regulation (by wrongfully affixing a registration decal issued for a different vehicle to his vehicle), wrongfully dispose of by selling military property a value in excess of $100, stealing military property of a value in excess of $100 and wrongful appropriation of military property (a PLL truck).  He was sentenced to a bad conduct discharge, confinement for 11 months, total forfeiture of all pay and reduction to pay grade E-1.  The convening authority approved the sentence on 6 June 1990. 

The Army Court of Military Review affirmed the sentence and the bad conduct discharge was executed on 26 March 1991.

Accordingly, the applicant was discharged pursuant to the sentence of a general
court-martial on 1 April 1991.  He was issued a Bad Conduct Discharge Certificate.  He had served 6 years and 22 days of total active service and had 95 days lost due to confinement, prior to the scheduled expiration of his term of service, and 170 days lost time subsequent to the expiration of his term of service.

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 Board noted the applicant’s contention that his bad conduct discharge was inequitable because it was based on one isolated incident in seven years with no other adverse actions.  However, evidence of record shows that in addition to his general court-martial conviction, the applicant received nonjudicial punishment in 1989 and two Bars to Reenlistment for non-payment of debts.

2.  The applicant’s military record prior to his court-martial and his claim of good post-service conduct have also been considered by the Board.  However, they are not sufficiently mitigating to warrant upgrading his discharge given the seriousness of the charges.

3.  Trial by court-martial was warranted by the gravity of the offense charged.  Conviction and discharge were effected in accordance with applicable law and regulations.  

4.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

5.  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 the aforementioned requirement.

6. 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

SK______  KAK____  CLG____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030626	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19910401	
DISCHARGE AUTHORITY	AR 635-200 Chapter 3  	
DISCHARGE REASON	As a result of court-martial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.