MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2000                   
	DOCKET NUMBER:   AR1999034123

	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. Deborah S. Jacobs 		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Ernest W. Lutz Jr. 		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 (BCD) be upgraded.

APPLICANT STATES:  That he is ashamed of what he did; that he has completed a Bachelor of Science degree and is gainfully employed; that he is considering a career in law enforcement and needs a discharge upgrade.

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

He enlisted in the Regular Army for 3 years on 1 August 1989.  Upon completion of the required military training, he was assigned to Fort Drum, New York, as a petroleum supply specialist.

On 13 February 1992, the applicant was tried by a general court-martial.  He was charged with wrongfully and unlawfully making a false sworn statement on 17 May 1991, and wrongfully opening and secreting mail before delivery.  In accordance with his plea of guilty, he was convicted of all charges and sentenced to a BCD and reduction to private (E-1).

Following appellate review of his conviction, the applicant's BCD was executed on 29 April 1993.  He had 3 years, 8 months, and 29 days of creditable service and no lost time.

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 committed serious offenses.  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.  The Board acknowledges the applicant's effort toward self-improvement and applauds him for it; however, this is not sufficiently mitigating to warrant the clemency requested.

3.  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

__dsj____  __kak___  __ewl____  DENY APPLICATION

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

INDEX

CASE ID	AR1999034123	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19930429	
DISCHARGE AUTHORITY	AR 635-200 C3	
DISCHARGE REASON	A72.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	105.0000	
2.	110.0000	
3.		
4.		
5.		
6.