MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:            4 February 1999 
	DOCKET NUMBER:   AC98-12458
   AR1998012688

	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	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		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.    	    
APPLICANT STATES:  In effect, that he was young and made a mistake in Panama.  He contends it was an isolated incident and he had no prior involvement with drugs.  He also contends that he was a good infantry soldier, achieved some accomplishments and received different awards.  He goes on to state that he has matured, raised a family and truly regrets the discharge he received from the Army.  He claims he was punished for his actions by serving 
13 months at Fort Riley, Kansas; however, it helped him realize his mistake and made him a better person.   

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

He enlisted under the delayed entry program and entered active duty on 20 May 1982 for a period of 2 years.   He successfully completed his training and was transferred to Panama for duty as an ammunition bearer in September 1982.  

On 30 March 1983 nonjudicial punishment was imposed against the applicant for using disrespectful language towards his superior NCO.  His punishment consisted of a reduction to pay grade E-2, a forfeiture of pay and 14 days of extra duty and restriction.

On 25 January 1984 the applicant was convicted by a general court-martial of two specifications of possessing and distributing cocaine and marijuana.  He was sentenced to be discharged from the service with a bad conduct discharge, confinement for 18 months, forfeiture of all pay and allowances, and reduction to pay grade E-1.  The convening authority approved the sentence on 1 March 1984.  On 4 April 1984, the unapplied portion of the approved sentence to forfeiture of all pay and allowances was suspended until 1 August 1984, at which time, unless sooner vacated, the suspended portion of the sentence will be remitted.

The Court of Military Review affirmed the findings and sentence on 28 January 1985.  

Accordingly, he was discharged pursuant to the sentence of a general
court-martial on 22 July 1985.  He was issued a Bad Conduct Discharge Certificate.  He had served 2 years and 1 day of total active service.  He had
422 days lost time due to confinement, prior to the scheduled expiration of his term of service, and 121 days lost time subsequent to the expiration of his term of service.

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’s contentions have been noted by the Board.  However, the applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were affected in accordance with applicable law and regulations.

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

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

__jhl____  ___vbc __  __aao___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12458/AR1998012688	
SUFFIX		
RECON	 	
DATE BOARDED	1999/04/02	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1985/07/22	
DISCHARGE AUTHORITY	GCM	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  A68.00		
2.  105.010		
3.		
4.		
5.		
6.