MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            9 December 1998 
	DOCKET NUMBER:   AC98-11192

	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.	June Hajjar		Chairperson	
	Mr.	Fred N. Eichorn		Member	
	Mr.	Thomas B. Redfern, III		Member	

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	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:  In effect, that he was young and immature at the time he was serving and that he got caught up in the wrong crowd.  However, he has since learned that such conduct made his life miserable and he asks the Board to grant him an upgrade of his discharge.  

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

The applicant enlisted on 21 August 1991 for a period of 3 years and training as a food service specialist.  He successfully completed his training and was transferred to Fort Hood, Texas. 

On 18 August 1994 the applicant was convicted by a general court-martial of wrongful distribution of marijuana, wrongful possession of marijuana, wrongful possession of a false identification card, carrying a concealed weapon, and making a false official statement.  He was sentenced to confinement for 2 years, a forfeiture of $300.00 per month for 2 years, and a bad conduct discharge.

Pursuant to a pre-trial agreement, the applicant was to have any time in excess of 18 months confinement suspended and he was to receive credit for 5 days of civilian confinement and 2 days of military confinement.

The convening authority approved the sentence but directed that the applicant be given 7 days credit for confinement and suspended confinement in excess of 18 months for a period of 1 year unless sooner vacated.

On 18 May 1995 the Army Court of Criminal Appeals affirmed the findings and sentence of the general court-martial.

Accordingly, the applicant was discharged on 16 January 1996 pursuant to the sentence of a general court-martial and was issued a bad conduct discharge.  He had served 2 years, 1 month, and 23 days of total active 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.  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.  The applicant was properly discharged pursuant to a sentence by a general court-martial with no indication of any violations of any of the applicant’s rights.

3.  The applicant’s contentions have been noted by the Board.  However, the charges against the applicant are too serious and his record of service is too undistinguished to warrant relief in his case.

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

___jh____  __fe____  ___tbr___  DENY APPLICATION

						Loren G. Harrell
						Director