RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            03 AUGUST 2004
      DOCKET NUMBER:   AR2004100290


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Gail Wire                     |     |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 records be corrected by upgrading his
discharge.  The applicant’s DD Form 293 was accepted in lieu of the
DD Form 149.

2.  The applicant states that he is requesting this upgrade because he has
applied for a Federal job, and because he feels his discharge was
inequitable because it was based on one isolated incident in 28 months of
service with no other adverse action.  He has been working as an accountant
for the past
10 years and has changed his life.  He has been a productive citizen in
society, and is married with 3 children.  At the time of the incident he
was very young and dumb, and doesn’t want his past events at an early age
to affect his family’s lives.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant originally enlisted in the Regular Army on 6 July 1982,
for a period of 3 years.  He was honorably discharged on 25 July 1985, and
reenlisted in the Regular Army on 14 July 1989, for a period of 4 years, at
the age of 25.

2.  The applicant’s record shows that he was absent without leave (AWOL)
from  14 October 1992 to 16 October 1992.

3.  The applicant’s records contain a general court-martial order, dated
18 February 1993, which shows he was convicted following mixed pleas of
stealing currency and negotiable instruments on 18 October 1992, of a value
of $1185.25 from the Consolidated Chaplain’s Fund, and of stealing currency
of a value of $1100.00, on 23 November 1991, the property of another
Soldier.  He was sentenced to confinement for 16 months and to be
discharged from the service with a bad conduct discharge.

4.  The findings and sentence were approved on 18 February 1993, and the
United States Army Court of Military Review on 29 July 1993 reassessed the
sentence to affirm only so much as provides for a bad conduct discharge and
confinement for 14 months.

5.  The applicant was released from confinement on 5 November 1993 and
placed on involuntary excess leave pending appellate review of his case.

6.  On 31 March 1994, General Court-Martial Order Number 78, directed the
execution of the bad conduct discharge, noting that the part of the
sentence pertaining to confinement had been served.

7.  On 5 May 1994, the applicant was separated with a bad conduct
discharge.  His DD Form 214 (Certificate of Release of Discharge form
Active Duty) indicates he had 3 years, 11 months and 28 days of active
service, and 298 days of lost time.

8.  Title 10, United States Code, section 1552, as amended, precludes any
action by this Board which would disturb the finality of a court-martial
conviction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's discharge was accomplished in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

3.  The applicant's contention of good post service conduct, and his
contention that he was young and dumb at the time, is not sufficiently
mitigating to warrant the relief requested.  The applicant was 25 years old
at the time of his court-martial.

4.  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.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___JM  __  ___GW__  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.





            _____Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100290                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040803                                |
|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.                      |                                        |


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