MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 January 1999 
	DOCKET NUMBER:   AC98-12840
                                              AR1998012276

	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. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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 his discharge was based on one isolated incident in his career of over 4 years and he believes that because he had no other adverse action he should receive an upgrade of his discharge.

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

The applicant enlisted in Chicago, Illinois on 18 May 1984 for a period of 3 years.

He successfully completed his training and was transferred to Korea on 19 October 1984 for duty as a tactical wire operations specialist.  He was advanced to the pay grade of E-4 and upon completion of his tour in Korea, he was transferred to Fort Sill, Oklahoma on 9 December 1985.

On 13 February 1987 he reenlisted for a period of 3 years, training as a personnel actions specialist, and airborne training. 

Although not contained in the available records, it appears that the applicant entered into a pre-trial agreement in which he agreed to plead guilty to the charges against him in return for the convening authority’s agreement not to approve a sentence in excess of a bad conduct discharge, reduction to the pay grade of E-1, and suspension of confinement in excess of 1 year.

On 1 June 1988 the applicant plead guilty and was convicted by a general court-martial of possession, distribution, and use of cocaine.  He was sentenced to a bad conduct discharge, reduction to the pay grade of E-1, and confinement for 22 months.  The convening authority approved only so much of the sentence as pertained to a bad conduct discharge, reduction to the pay grade of E-1, suspension of confinement in excess of 1 year unless sooner vacated.

The Army Court of Military Review affirmed the findings and sentence as approved by the convening authority on 8 September 1988.

Accordingly, he was discharged with a bad conduct discharge pursuant to the sentence of a general court-martial on 17 February 1989.  He had served 4 years and 8 days of total active service and 289 days of lost time due to imprisonment.

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 applicant’s contentions have been noted by the Board and appear to be without merit.  Considering the seriousness of the charges against him and his otherwise undistinguished record of service, an upgrade of his discharge is not warranted.

4.   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 the aforementioned requirement.

5.  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

___kn___  ___jpi ___  ___fe ___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12840/AR1998012276	
SUFFIX		
RECON	 	
DATE BOARDED	1999/01/21	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1989/02/17	
DISCHARGE AUTHORITY	GCM 	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  105.0100		
2.		
3.		
4.		
5.		
6.