MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         19 November 1998  
	DOCKET NUMBER:   AC98-10795

	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. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Ms. Barbara J. Ellis		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 records be corrected by upgrading his discharge. 

APPLICANT STATES:  That his court-martial punishment was too harsh considering it was the first time he had been in trouble with the law; and that he has been drug free and has lived his life as a model citizen for the past 15 years.

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

On 1 October 1981, he enlisted in the Regular Army for a period of 4 years.

On 13 July 1983, the applicant was convicted by a general court-martial for the wrongful possession of cocaine, a Schedule II controlled substance and marijuana a  Scheduled I controlled substance.  His sentence included reduction to pay grade E-1, confinement at hard labor for 16 months, forfeiture and discharged from the service with a dishonorable discharge. 

On 11 September 1987, The U.S. Court of Military Review affirmed the findings and sentence.

On 22 September 1987, the appropriate separation authority authorized the execution of a dishonorable discharge under the provisions of Army Regulation 635-200, chapter 3.

On 9 October 1987, he was dishonorably discharged.  His Report of Separation indicates he had 4 years, 8 months and 9 days of creditable service and             488 days of lost time.        

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, section IV, provides that a soldier will be given a dishonorable discharge pursuant only to an approved sentence of a general court-martial.  The appellate review must be completed and the affirmed sentence ordered and duly executed.

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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  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. 

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

________  ________  _tap____  GRANT FORMAL HEARING

__fne___  ___bje___  ________  DENY APPLICATION

						Loren G. Harrell
						Director