MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 May 2000
	DOCKET NUMBER:   AR1999030711

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 bad conduct discharge be upgraded to general under honorable conditions.

APPLICANT STATES:  That his records were lost when he was sent to a place for 3 months without pay; and that his records show him as “missing” for a period of 180 days.

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

He enlisted on 29 August 1974.  Following Basic Combat Training at Fort Knox, Kentucky, and Advanced Individual Training at Fort Gordon, Georgia, he was assigned to the 25th Division in Hawaii with duty as a wireman.

On 30 September 1976, the applicant was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for two specifications of AWOL, from 2 August to 19 August 1976 (a total of 17 days), and from 3 September to 10 September 1976 (a total of 7 days).  His punishment included reduction in rank from private first class (E-3) to private (E-2).

On 15 February 1977, the applicant was administered NJP for falsifying an official document, a sick slip.  His punishment included reduction in grade from private (E-2) to private (E-1).

On 19 May 1977, the applicant received NJP for AWOL from 16 April to 20 April 1977 (a total of 4 days), and for willfully damaging government property.

On 10 June 1977, he received NJP for dereliction of duties and failure to report to his appointed place of duty.

On 23 August 1977, the applicant was tried and convicted by a special court-martial for communicating to another soldier a threat to kill him, and for falsifying an official document.  He was sentenced to confinement at hard labor for 3 months, forfeiture of $248.00 per month for 3 months, and a bad conduct discharge.  He was transferred to the United States Disciplinary Barracks, Fort Leavenworth, Kansas, for service of his sentence to confinement from 23 August 1977 through 6 November 1977 (a total of 76 days).

The approved sentenced was affirmed upon review and the bad conduct discharge was executed on 18 January 1979 at Fort Leavenworth, Kansas.  His DD Form 214, Report of Separation From Active Duty, credited the applicant with 4 years, 1 month and 6 days of creditable active Federal service and 80 days of time lost.

On 27 September 1984, the Army Reserve Components Personnel Administration Center issued a DD Form 215, Correction to DD Form 214, correcting the applicant’s total number of days of time lost to 104.  This correction was based upon his 28 days of AWOL and his 76 days of confinement.

On 1 October 1984, the Army Discharge Review Board, in a unanimous decision, denied the applicant’s request for upgrade of his discharge.

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.  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.   There is no evidence of record, and the applicant has failed to submit any evidence, to substantiate his claim that he served 3 months without pay.  The applicant’s charge that his records show him as missing for 180 days is erroneous.  His original DD Form 214, issued at discharge, reflected his time lost as 80 days.  That number was later corrected to show 104 days time lost based upon his three periods of AWOL and his period of confinement.

3.  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.

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

__aao___  __vbc___  __le ____  DENY APPLICATION

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

INDEX

CASE ID	AR1999030711	
SUFFIX		
RECON		
DATE BOARDED	20000516	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19790118	
DISCHARGE AUTHORITY	AR635-200 CH11	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.