MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:     	   14 April 1999 
	DOCKET NUMBER:   AC96-10917
				   AR1999024852

	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	
	Mr. Wyman Bailey		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff 		Chairperson	
	Mr. Thomas B. Redfern, III 		Member	
	Mr. Arthur A. Omartian		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 dishonorable discharge be upgraded to an honorable discharge, that his reenlistment code be changed, and that the reason for discharge be changed.   

APPLICANT STATES: That he had two prior discharges which show that he was a good soldier and that he should have been considered for a discharge other than dishonorable.  He further states that during his enlistment which led to his dishonorable discharge he had proved that he could perform to the highest proficiency of a soldier.  He also states that since his discharge he hasn’t had any legal problems and he has been a productive citizen.  He submits three letters from friends which state that he has changed over the past 11 years; they talk about his being unselfishness, his dedication, and his commitment to his community along with his willingness to assist troubled youths involved with drugs and alcohol.  

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

He enlisted in the USAR on 19 September 1980.  He entered active duty for training on 29 October 1980 for period of 6 months and 6 days.  He completed basic and advanced individual training and was awarded Military Occupational Specialty (MOS) 76P10 (Material Control and Accounting Specialist) and was issued a separation document (DD Form 214) showing a character of service as honorable.  

He enlisted in the Regular Army on 25 September 1981, attend attended advanced individual training and was awarded the MOS of 76V10 (Material Storage and Handling Specialist).

The highest pay grade held by the applicant was E-4.  He was awarded the Army Good Conduct Medal, the Overseas Service Ribbon, and the Expert Rifleman Badge.

Nonjudicial punishment was imposed against the applicant on two separate occasions:

On 22 July 1986, for leaving his appointed place of duty.  The punishment consisted of reduction from pay grade E-4 to pay grade E-3, forfeiture of $198.00 for one month (suspended), and extra duty for 14 days.

On 8 September 1986, for leaving his appointed place of duty.  The punishment consisted of 14 days extra duty.

A bar to reenlistment was imposed against the applicant based on the two nonjudicial punishments, it was approved by the proper authority on 12 November 1986. 
He was convicted by general court-martial on 5 August 1987 of unlawfully breaking and entering with the intent to commit larceny and larceny of $1,400.00 from another soldier while performing the duties of the Charge of Quarters (CQ). He pleaded guilty to both charges and was sentenced to be discharged from the service with a dishonorable discharge, to forfeit all pay and allowances, to be reduced to pay grade E-1, and to be confined for two (2) years.

On 29 October 1987 the Army Court of Military Review considered the applicants’ entire record, and held that the findings of guilty and sentence as approved by the convening authority was correct in law and fact.  Accordingly, those findings of guilty and sentence were affirmed.

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.   Trail by court-martial was warranted by the gravity of the offense charged.  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.

2.   The applicant brought about his own downfall through his continued participation in acts of misconduct.  The applicant’s character references are not sufficiently mitigating to warrant relief.  

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

__KLW___  __TBR__  __AAO_    DENY APPLICATION

						Wyman N. Bailey
						Loren G. Harrell
						Director

INDEX

CASE ID	AC96-10917/AR1999024852	
SUFFIX		
RECON		
DATE BOARDED	19990414	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	105	
2.		
3.		
4.		
5.		
6.		

SFMR-RBR - 1st End    (14 APR 99, Docket Number AC96-10917/AR1999024852)
SUBJECT:  ABCMR Memorandum of Consideration

HQDA, ABCMR, Arlington, Virginia  22202-4508                6 May 99 
 
TO:  US Army Review Boards Agency Support Division - St. Louis 
	ATTN:  SFMR-RBR-SL, 9700 Page Avenue, St. Louis, Missouri  	63132-5200

1.  The application submitted by the individual concerned has been denied by the Army Board for Correction of Military Records.

2.  Prior to closing out the case, please refer to any Note contained in the Determination portion of the Board's Memorandum of Consideration, and take such administrative action as may be contained therein.

Encls						Loren G. Harrell  
						Director

CF:
(  ) OMPF
(  ) SFMR
(  ) BAILEY