RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 APRIL 2004
      DOCKET NUMBER:   AR2003099369


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Frank C. Jones, II            |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his bad conduct discharge be upgraded.

2.  The applicant states he will be completing his degree in the spring of
2004 and would like to apply for a teaching position.  He states the
character of his discharge could be detrimental to his being selected.  He
states that since his discharge he has pursued his education, raised a
family, and maintained an impeccable record in terms of character.  He
states that he truly regrets the error and poor judgment he made while in
the Army and is sorry for the disgrace that he caused.  He hopes that "this
poor judgment" will not follow him the rest of his life and prevent him
from entering the teaching profession.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  A Department of Defense Form 293 (Application for the Review of
Discharge or Dismissal from the Armed Forces of the United States) was
accepted in lieu of a Department of Defense Form 149 (Application for
Correction of Military Record Under the Provisions of Title 10, U.S. Code,
Section 1552).

2.  Records available to the Board indicate that the applicant enlisted on
9 May 1986 under the Delay Entry/Enlistment Program and entered active duty
as a Regular Army Soldier on 23 September 1986.  The applicant was 18 years
old at the time and had 12 years of formal education.

3.  The applicant successfully completed OSUT (One Station Unit Training)
and in February 1987 was awarded a military police specialty (95B) in
accordance with his enlistment option.

4.  Following completion of training, the applicant was assigned to the
Military Police Company at Fort Jackson, South Carolina.  By June 1988 he
had been promoted to pay grade E-4 after receiving a waiver for the time in
service requirement.  In June 1988 he reenlisted.  He was awarded the
Driver and Mechanic Badge in July 1989 and in September 1989 he was awarded
the Army Good Conduct Medal.

5.  In June 1990 he arrived in Germany and was assigned to the 294th
Military Police Company.  He received a lateral appointment from Specialist
E-4 to Corporal in August 1991.

6.  On 22 February 1993, the applicant was convicted by a general court-
martial pursuant to his pleas, of wrongful possession of two unregistered
firearms, theft of three Nintendo games, a false official statement with
the intent to deceive, and receiving and concealing stolen property.  His
sentence included reduction to pay grade E-1, forfeiture of $500.00 pay per
month for 20 months, confinement for 20 months, and a dishonorable
discharge.  However, only so much of the sentence as provided for a bad-
conduct discharge, confinement for 15 months, forfeiture of $500.00 pay per
month for 12 months, reduction to pay grade E-1, was approved on 27 April
1993.

7.  Under a Christmas Clemency Release, the applicant's confinement was
remitted from 9 February 1994 to 9 December 1993.  His bad conduct
discharge was executed on 9 December 1993.

8.  Army Regulation 635-200 states that an honorable discharge is a
separation with honor.  The honorable characterization is appropriate when
the quality of the soldier’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.  It also notes that a general discharge, when authorized,
may be issued to a soldier whose military record is satisfactory but not
sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

2.  It is noted that the applicant was a military policeman whose discharge
was the result of theft and possession of unregistered firearms.  Clearly
the applicant, as a trained law enforcement official, understood the
ramifications of his actions and should be held accountable for the
violation of trust the Army had bestowed upon him as a military policeman.
The actions of the Army in this case were proper, and there is no doubt to
be resolved in favor of the applicant.

3.  While the applicant’s contention that since his discharge he has been a
good citizen and is attempting to improve his employment opportunities, has
been noted, these issues, either in part or in whole, are insufficient to
justify upgrading the applicant’s discharge.

4.  There is no evidence, and the applicant has not provided any, that his
discharge was in error or unjust.  He has submitted no evidence which would
serve as a basis to upgrade his discharge as a matter of equity.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCH __  __LDS __  __FCJ __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____ James C. Hise______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099369                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040422                                |
|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.                      |                                        |