MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  14 April 1999
	DOCKET NUMBER:  AR1999017781

	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. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolfe		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas B. Redfern, III		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 dishonorable discharge (DD) be upgraded to general (under honorable conditions).

APPLICANT STATES:  That he is seeking clemency.

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

He was born on 26 August 1951.  On 25 August 1976, the applicant enlisted in the Regular Army in MOS 76D10 (Equipment Maintenance Clerk).  On 19 February 1982 
the applicant changed his MOS to 26T10 (Radio/TV System Specialist).  The applicant extended his enlistment on three different occasions and reenlisted on 21 May 1981 for 
3 years.  The highest pay grade he achieved was E-5.

On 25 June 1979, the applicant accepted nonjudicial punishment (NJP), under Article 15, Uniform Code of Military Justice (UCMJ), failure to go to his appointed place of duty.

On 21 September 1984, the applicant was convicted by a general court-martial of distribution and possession of cocaine and for bribery.  His approved sentence was reduction to pay grade E-1, forfeiture of $397 a month for 18 months, confinement at hard labor for 18 months, and a dishonorable discharge.

On 4 December 1984, the Court of Military Review approved the findings of guilty and the sentence.

On 26 August 1985, the Court of Military Appeals held the findings of guilty and sentence as approved by the convening authority correct in law and fact.  Accordingly, the findings of guilty and the sentence were affirmed.

On 21 November 1985, the applicant was discharged, in pay grade E-1, under the provisions of Army Regulation 635-200, Chap 3, Section IV, as a result of a court-martial, under dishonorable conditions with a DD Certificate.  He had completed 
7 years and 10 months creditable service and had 507 days of lost time.  He was awarded the Rifle M-16 (Expert) Badge, the Army Good Conduct Medal (2), the Army Service Ribbon, the NCO Professional Development Ribbon, and the Overseas Service Ribbon.

Title 10, United States Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.  (In other words, the Board cannot reverse a finding of guilty).

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 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.

2.  Although it has been nearly 15 years since the applicant was issued a DD, his overall service record does not outweigh the gravity of his offenses.  Accordingly, relief (or clemency) is not warranted.  Additionally, the applicant has provided nothing to demonstrate postservice good citizenship of such a nature that it would mitigate his offenses and thereby warrant relief.

3.  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

INDEX

CASE ID	AR1999017781	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990414	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.