RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 July 2005
      DOCKET NUMBER:   AR2004008140


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Mr. Leonard G. Hassell            |     |Member               |

      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, in effect, an upgrade of his Bad Conduct
Discharge (BCD) to a general, under honorable conditions discharge (GD).

2.  The applicant states, in effect, that he wants an upgrade of his BCD to
allow him to apply for United States citizenship.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 15 September 1997.  He completed basic combat
training and advanced individual training (AIT) at Fort Sill, Oklahoma.
Upon completion of AIT, he was awarded military occupational specialty
(MOS) 13B
(Cannon Crewmember).

2.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows he
earned the Army Service Ribbon, Marksmanship Qualification Badge with Rifle
Bar and Expert Qualification Badge with Grenade Bar during his active duty
tenure.  The applicant’s record confirms he earned no individual awards,
and it documents no acts of valor, significant achievement or service
warranting special recognition.

3.  On 30 November 1998, a general court-martial (GCM) found the applicant
guilty, pursuant to his pleas, of violating Article 81 of the Uniform Code
of Military Justice (UCMJ) by conspiring with others to commit forgery and
larceny of funds; two specifications of violating Article 121 by stealing;
and two specifications of violating Article 123 by falsely making and
uttering certain checks and a withdrawal slip with the intent to defraud.
The resultant sentence included a reduction to private/E-1 (PV1),
confinement for nine months and a BCD.

4.  On 2 March 1999, the GCM convening authority approved the applicant’s
sentence and directed that all but the BCD portion be duly executed.

5.  On 14 October 1999, the United States Army Court of Criminal Appeals
affirmed the findings of guilty and the sentence pertaining to the
applicant after having determined that they were correct in law and fact.

6.  On 4 May 2000, GCM Order 44, issued by Headquarters, United States Army
Field Artillery Center and Fort Sill, Fort Sill, Oklahoma, directed,
Article 71c of the UCMJ having been complied with, that the BCD portion of
the sentence be executed.  On 19 August 2002, the applicant was discharged
accordingly.

7.  The DD Form 214 issued to the applicant on the date of his separation,
19 August 2002, shows he was separated with a BCD under the provisions of
Chapter 3, AR 635-200, as a result of court-martial.  It also shows that at
the time of his separation, he had completed a total of 4 years, 3 months
and 24 days of creditable active military service and had accrued 221 days
of time lost due to confinement.

8.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 3 provides the policies and
procedures for separating members with a dishonorable or bad conduct
discharge; and provides that a Soldier will be given a bad conduct
discharge pursuant only to an approved sentence of a general or special
court-martial; and that the appellate review must be completed and affirmed
sentence ordered duly executed.

9.  Title 10 of the United States Code, section 1552 as amended does not
permit any redress by this Board of the finality of a court-martial
conviction and empowers the Board to only change a discharge if clemency is
determined to be appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to upgrade his discharge in order to allow him
to apply for United States citizenship was carefully considered.  However,
this factor is not sufficiently mitigating to support clemency in this
case.

2.  The evidence of record shows that the applicant’s trial by court-
martial was warranted by the gravity of the offenses for which he was
charged.  Conviction and discharge were effected in accordance with
applicable law and regulations, and the discharge appropriately
characterizes the misconduct for which he was convicted.

3.  By law, any redress by this Board of the finality of a court-martial
conviction is prohibited.  The Board is only empowered to change a
discharge if clemency is determined to be appropriate to moderate the
severity of the sentence imposed.  In light of the seriousness of the
offenses for which he was convicted, there is an insufficient evidentiary
basis to support granting the requested relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS _  ___PHM_  ___LGH_  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.





            ____Linda D. Simmons___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040008140                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/07/26                              |
|TYPE OF DISCHARGE       |BCD                                     |
|DATE OF DISCHARGE       |2002/08/19                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |COURT MARTIAL                           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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