MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           07 FEBRUARY 2002
	DOCKET NUMBER:   AR2001064564

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 records be corrected by upgrading his discharge.

APPLICANT STATES:  That he was young and immature and was discharged because of a foolish error; that he is attempting to re-enter the military and has been informed that his discharge needs to be upgraded or a waiver issued.  He believes that he is mature and wiser and would like to be given a chance to prove it, and serve his country with honor and dignity.  He submits no evidence in support of his request.

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

The applicant enlisted in the Regular Army on 14 August 1993, for a period of
4 years.   

On 8 August 1995, the applicant was convicted by general court-martial of being AWOL (absent without leave) from 4–9 April 1995 and 23 specifications of larceny which took place between 15 December 1994 and 8 April 1995, consistent with his pleas.  He was sentenced to reduction to pay grade E-1, forfeiture of all pay and allowances, confinement for 22 months, and to be discharged from the service with a Bad Conduct Discharge.  In accordance with a pretrial agreement, the convening authority limited the term of confinement to 20 months.

On 23 January 1996, the United States Army Court of Criminal Appeals, affirmed the findings of guilty and the sentence.

On 26 August 1996, the applicant was discharged, in the pay grade of E-1, under the provisions of Army Regulation 635-200, chapter 3, section IV, as a result of a court-martial with a bad conduct discharge.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 2 years and 4 days of active service.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, provides that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed.

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.  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 applicant’s contention that he was young and immature at the time is not sufficiently mitigating to warrant relief.

3.  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 to show that there was an error or injustice in this case.

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

__FNE __  __MKP__  ___LE___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064564	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020207	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.