MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            11 March 2003
	DOCKET NUMBER:   AR2002079827

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Shirley L. Powell		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 her bad conduct discharge (BCD) be upgraded to honorable.

APPLICANT STATES:  In effect, that she has been a good citizen since her discharge and desires to have her records cleared for future references.  She also states that she had her husband's permission to sign his unemployment checks.

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

She enlisted on 10 November 1987 for a period of 4 years and training as a dental specialist.  She completed her training and was transferred to Fort Eustis, Virginia, where she was advanced to the pay grade of E-4 on 1 January 1990.  She remained at Fort Eustis until she was transferred to Alaska on 26 January 1993.

On 7 June 1993, the applicant submitted a request for early return of her dependent husband from Fort Greely, Alaska to Panama City, Panama.

On 2 July 1993, her dependent husband applied for unemployment benefits from the State of Alaska.

Meanwhile, on 6 July 1993, orders were published which authorized travel for her dependent husband to Panama on 7 July 1993.

On 31 January 1994, the Criminal Investigation Division (CID) office at Fort Greely was notified by an investigator at the Alaska Department of Labor that the applicant had illegally received unemployment checks intended for her husband in the amount of $2,160.00.  The checks covered the periods from 17 July through 7 September 1993 and 28 September through 18 December 1993, in the amount of $108.00 per week.  A CID investigation was conducted which established probable cause to believe that the applicant had committed the offenses of forgery, larceny, conspiracy and making false official statements, when she submitted fraudulent unemployment claims to the Alaska State Department of Labor.

On 26 May 1994, an investigation was conducted under Article 32, Uniformed Code of Military Justice (UCMJ), which concluded that the applicant had filed unemployment claims for her husband, who had departed Alaska after filing an initial claim, that she had continued to file the claims and receive the checks, that she had forged her husband's signature to cash the checks, that she had solicited another to forge her husband's signature on one of the checks, that she had established a telephone bill (debt) of $2,700 and the company had terminated her service.  She then used her sister's name to re-establish telephone service and became delinquent in that bill in the amount of about $1,000.  The investigating officer recommended trial by a general court-martial. 

On 18 September 1994, the applicant was convicted by a general court-martial of larceny of property of a value of more than $100.00 during the period of July to December 1993, obtaining services under false pretenses of a value of more than $100.00 between September and October 1993, and of solicitation to commit forgery.  She was sentenced to confinement for 90 days, forfeiture of all pay and allowances and a BCD.

On 30 April 1996, the United States Army Court of Criminal Appeals (USACCA) affirmed the findings and sentence of the general court-martial.

On 12 September 1996, the United States Court of Appeals for the Armed Forces denied the applicant's petition for a grant of review of the decision of the USACCA.

Accordingly, she was discharged with a BCD on 26 February 1997, pursuant to a duly reviewed and affirmed court-martial conviction.  She had served 9 years, 2 months and 26 days of total active service and had 73 days of lost time due to confinement.  

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 type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.

3.  The Board has noted the applicant's contention that she had her husband's permission to sign the checks for which she was convicted and finds it to be without merit.  Having permission to sign checks that were knowingly obtained through fraudulent acts does not diminish the severity of the crime and is no less serious than not having permission.  Having permission from her husbands lends only to incriminate him in the crime as an accessory. 

4.  However, the evidence of record clearly shows that the applicant continued to make fraudulent applications for benefits which she knew that she nor her husband were entitled to receive, within weeks of his departure from Alaska.

5.  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.

6.  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

_slp ____  ___sac __  ___tmc__  DENY APPLICATION

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

INDEX

CASE ID	AR2002079827	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/03/11	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1997/02/26	
DISCHARGE AUTHORITY	BCD	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/A68.00/BCD	
2.		
3.		
4.		
5.		
6.