MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 February 2000
	DOCKET NUMBER:   AR1999033431

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Roger Able		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 (BCD) be upgraded to an honorable discharge or a general discharge under honorable conditions.

APPLICANT STATES:  In essence, that his discharge was brought about by his commanding officer using unlawful command influence and coercion.  He further states that he was found not guilty on a number of the general court-martial (GCM) charges, but guilty on two additional GCM charges that followed.  He provides no supporting documentation, but provides a letter which makes reference to several inquires to Department of the Army agencies seeking assistance.

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

He served in the Delayed Entry Program of the Army Reserve from October
1987 through January 1988.  On 14 January 1988, he enlisted in the Regular Army for 4 years in pay grade E-1.  He completed both his basic combat training and his advanced individual training in military occupational specialty (MOS) 13B10, (Cannon Crewmember) at Fort Sill, Oklahoma, on 20 January 1988.  On 13 May 1988, he was assigned to Germany for duty in MOS 13B10.  

On 15 June 1988, the applicant received a back-dated advancement to pay grade E-2 effective at the time of his enlistment on 14 January 1988, in accordance with Army Regulation 600-200, Paragraph 7-10b and AR 600-210, Rule E.  Correction was made since documents showing 22 hours of college credits were not available at the time of his enlistment.

In May 1990 he returned to the United States for duty as a Cannoneer at Fort Sill, Oklahoma.  He then served in Southwest Asia during Operation Desert Shield/Desert Storm from 7 October 1990 to 31 January 1991.

On 10 July 1991, the applicant was convicted by a GCM of four specifications of violation of the Uniform Code of Military Justice (UCMJ): the first for wrongfully and without authority wearing an unauthorized insignia from 31 January through
5 March 1991; the second for unauthorized absence (AWOL) from 10 to 19 April 1991; and the third and fourth for breaking restriction and willfully disobeying a lawful command on 6 May 1991.  His approved sentence was to receive a BCD, to forfeit $502.00 pay and allowances until discharged and reduction to pay grade E-1.  

On 19 July 1991, he was placed on excess leave without pay to await his appellate review.

On 28 January 1993, the appropriate convening authority noted that the sentence having being affirmed and Article 71(c), UCMJ, having been complied with, ordered the BCD to be duly executed.

On 19 February 1993, the applicant was discharged, with a BCD under the provisions of Army Regulation 635-200, Chapter 3, by reason of conviction by court-martial, other.  He had completed 5 years, and 27 days of active military service, 9 days of lost time and 456 days excess leave.

The statutory authority under which this Board was created (Title 10, United States Code, section 1552, as amended) precludes any action by this Board which would disturb the finality of a court-martial conviction.  The sentence may be modified by the Board based only upon a finding of clemency.

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 the aforementioned requirement.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.

3.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterized the misconduct for which the applicant was convicted.

4.  The applicant has provided no independent corroborating evidence demonstrating that either the command’s action was erroneous or that his service mitigated his unacceptable conduct.

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

________  ________  ________  DENY APPLICATION

					Karl F. Schneider
					Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033431	
SUFFIX		
RECON		
DATE BOARDED	20000215	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19930219	
DISCHARGE AUTHORITY	AR 635-200 Chapter 3	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	105.00	
2.	A91.05	
3.	A92.17	
4.	A92.35	
5.	A01.00	
6.