MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 February 1999                   
	DOCKET NUMBER:   AR1999014828

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		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 he be given a disability discharge.

APPLICANT STATES:  He was exposed to cold weather and was frostbitten.  This resulted in him going absent without leave (AWOL) because his First Sergeant or battery commander was always causing his physical profile to be broken.  He was offered a disability discharge in 1980 at Walter Reed Army Medical Center, but nothing came of it.

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

He enlisted in the Regular Army on 24 July 1979.  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewman).  

The applicant served in Germany from 7 November 1979 – 24 March 1980.  There is no evidence to explain the reason he was an early returnee from overseas.

The applicant’s medical records are not available.

Between December 1980 and October 1981, the applicant accepted non-judicial punishment on six occasions for offenses such as absenting himself from his place of duty; wrongfully possessing some amount of marijuana; disobeying a lawful order; wrongfully using provoking words; failing to pay a just debt; and failing to go to his appointed place of duty.

On 21 December 1981, the applicant was convicted by a special court-martial of being AWOL from 20 – 28 October 1981 and of four specifications of writing checks knowing there were insufficient funds to make them good with intent to defraud.  He was sentenced to a bad conduct discharge, to forfeit $150 pay for   6 months and to confinement at hard labor for 3 months.  The sentence was affirmed on 25 January 1982.

The applicant’s DA Form 2, Personnel Qualification Record, shows his physical profile serial system (PULHES) as 111111, no physical profile limitations.

On 15 September 1982, the applicant was discharged, with a bad conduct discharge, pursuant to his court-martial sentence.  He had completed 2 years,    9 months and 2 days of creditable active service and had 140 days of lost time.

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.

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.  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.

3.  There is no evidence in the available records nor does the applicant supply any to show he ever had a physical profile due to frostbite injuries or for any other reason.  The Board notes that he had been convicted of an 8-day period of AWOL and for writing bad checks with intent to defraud.  Previously he had accepted non-judicial punishment for offenses that had little or nothing to do with a possible profile violation.

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

__JHL___  __AAO___  __VBC___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014828	
SUFFIX		
RECON		
DATE BOARDED	19990204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.	108.00	
3.		
4.		
5.		
6.