MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 November 2001                            
	DOCKET NUMBER:   AR2001061546

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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 (DD) be upgraded. 

APPLICANT STATES:  In effect, that he was forced to make statements against his will.  He was young and never been on trial before and would like his case reviewed because he believes that he was railroaded.  The applicant further states, that he has a mental illness that goes back before he entered the Army.

EVIDENCE OF RECORD:  The applicant’s military record shows:

He enlisted in the Regular Army on 14 August 1979 for a period of 3 years.  He completed the required training and was awarded military occupational specialty 13B00 (Cannon Crewman).  The highest grade he achieved was pay grade E-4.

On 21 August 1980, the applicant accepted nonjudicial punishment (NJP), under Article 15, Uniform Code of Military justice (UCMJ), for unlawfully striking two soldiers with his fist and for disobeying a lawful order.  His imposed punishment was a reduction to pay grade E-2 (suspended for 4 months), a forfeiture of $116.00 pay, 14 days restriction and extra duty.

On 30 June 1981, the applicant accepted an NJP, under Article 15, UCMJ, for being disrespectful in language toward his superior noncommissioned officer.  His imposed punishment was 7 days restriction and extra duty.   

On 9 February 1982, the applicant was convicted by a general court-martial of one specification of carrying a concealed weapon and two specifications of armed robbery of two fellow soldiers by means of force and violence.  He was sentenced to confinement at hard labor for 10 years, a reduction to pay grade 
E-1, forfeiture of all pay and allowances and to be discharged from service with a DD. 

On 6 July 1982, the convening authority approved the sentence.  On 9 February 1983, the record of trial was forwarded to The Judge Advocate General of the Army for review by a Court of Review.  On 6 June 1983, the United States Army Court of Military Review affirmed the sentence and the finding of guilty.  The record does not indicate that the applicant petitioned the United States Court of Military Appeals for a grant of review. 

On 17 June 1983, the applicant was discharged, in pay grade E-1 under the provisions of the Army Regulation 635-200, chapter 3-10, as a result of a court-martial.  He had completed 2 years, 3 months and 10 days of active military service.  

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 this requirement.

2.  The applicant's allegation regarding violation of rights and that he was forced to make statements against his will is unsupported by the evidence of record.  

3.  There is no evidence in his military records nor has the applicant submitted any evidence to substantiate his contentions that he suffered from “post dramatic (sic) stress disorder”. 
 
4.  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.  

5.  The applicant's contentions have been noted by this Board; however, the applicant has submitted neither probative evidence nor convincing argument sufficiently to warrant relief. 

6.  The applicant has failed to provide any basis for the Board to grant clemency in his case.

7.  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

__rvo___  __jpi___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061546	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE	(DD)	
DATE OF DISCHARGE	19830617	
DISCHARGE AUTHORITY	AR635-200, chapter 3-10 .  .  .  .  .  	
DISCHARGE REASON	A6800	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6803	
2.		
3.		
4.		
5.		
6.