APPLICANT REQUESTS:  That his bad conduct discharge be upgraded.

APPLICANT STATES:  In effect, that he regrets the offense he committed but he has proven that he learned a valuable lesson.  He includes letters attesting to his good character and church involvement.

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

He enlisted in the Regular Army on 3 January 1978.  He was honorably discharged on 21 October 1979 for the purpose of immediately reenlisting on   22 October 1979 for 6 years.

On 2 April 1984, the applicant was convicted by a general-court martial of distribution of marijuana and introduction of methamphetamines onto an Armed Forces installation.  He was sentenced to a dishonorable discharge, to forfeit all pay and allowances, to be reduced to pay grade E-1 and to confinement at hard labor for 1 year.

On 14 December 1984, the U.S. Army Board of Review affirmed the findings of guilty but not the sentence.

On 16 May 1985, at a sentence rehearing, the applicant was sentenced to a bad conduct discharge, to forfeit all pay and allowances, to be reduced to pay grade E-1 and to confinement at hard labor for 9 months.

On 29 November 1985, the U.S. Army Board of Review affirmed the findings of guilty and the sentence.

On 4 April 1986, the applicant was discharged with a bad conduct discharge, pursuant to his court-martial sentence.  He had completed 7 years, 7 months and 3 days of creditable active service and had 229 days of lost time.

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

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.  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.

2.  Trial by court-martial was warranted by the gravity of the offense 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.

3.  While the Board has taken cognizance of the applicant’s good post-service conduct, this factor does not warrant the relief requested.

4.  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

                       DENY APPLICATION

                             				 Loren G. Harrell
                     				 	 Director