MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  14 January 2003
	DOCKET NUMBER:  AR2002075156

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Mae M. Bullock		Member	
	Ms. Jennifer L. Prater		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 bad conduct discharge be upgraded to a
general discharge.

APPLICANT STATES:  That after 20 years, he has never received a traffic violation.  He was court-martialed and separated after an inspiring career in the Army and his life goals were serving his country needs in any way that he could.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on  7 December 1979, with prior military service.  

On 8 March 1982, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay.

On 6 August 1982, the applicant was barred from reenlistment for several records of non-payment of just debts, which included failure to pay his rent, dishonored checks, and an overdue Deferred Payment Program (DPP) payment. Also included were several counseling statements for missing formation, civilian traffic violation, job performance, and failure to be at his appointed place of duty on several occasions.

He was convicted by a special court-martial on 10 November 1982, of willfully and unlawfully removing a public record and substituting a false one, of wrongful appropriation of a public document with intent to steal, of unlawful entrance, of failure to go to his appointed place of duty, and larceny.  His sentence consisted of a reduction to the lowest enlisted grade, a forfeiture of pay, confinement at hard labor for 3 months, and a bad conduct discharge.  The sentence was approved on 27 January 1983.

On 31 August 1983, the Court of Military Review affirmed the findings and sentence as approved by the convening authority.

On 13 January 1984, the applicant was discharged from the Army pursuant to the sentence of a special court-martial and was issued a bad conduct discharge.
He had served 10 years, 2 months, and 29 days of creditable service and had 
75 days of lost time due to confinement.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-11 of that regulation 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 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.  The applicant has provided no evidence to show that his discharge was unjust.  He also has not provided any evidence sufficient to mitigate the character of his discharge.

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 regulation.

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 that would satisfy this requirement.

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

__mp___  ___mb___  ___jp___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075156	
SUFFIX		
RECON		
DATE BOARDED	20030114	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19840113	
DISCHARGE AUTHORITY	AR 635-200, chap 3	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	360	
2.		
3.		
4.		
5.		
6.