MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 January 2000                   
	DOCKET NUMBER:   AR1999022211

	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. Karl F. Schneider		Director, Army Review Boards Agency	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Allen L. Raub		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 (BCD) be upgraded to a General Discharge (GD) under honorable conditions.

APPLICANT STATES:  That his offenses did not warrant the severity of a BCD; that others were not tried by a general court-martial for similar offenses.  He also states, in effect, that with the exception of the offenses for which he was court-martialed, he was a good soldier; that his post-service conduct has been excellent and he has married, established a business, and attended college.  He adds that he was only helping a friend and got caught in a military police sting operation.

In support of his application, he provides:  (1) a copy of a Department of the Army Certificate of Achievement; (2) a copy of a statement of support dated 8 October 1987; (3) a copy of a statement of support dated 6 October 1987;
(4) a copy of a statement of support dated 4 May 1988; (5) a copy of a statement of support dated 16 October 1987; (6) a copy of his marriage license; (7) a copy of his college transcripts from the University of Kentucky dated 22 July 1996;
(8) a copy of his DD Form 214, Certificate of Release or Discharge From Active Duty; (9) a statement of support dated 8 October 1998; (10) a statement of support dated 11 October 1998; (11) a statement of support dated 20 October 1998; (12) a copy of a personal statement dated 20 October 1998; (13) a copy of a document indicating that the applicant was on the Dean’s List at the University of Kentucky for the Spring 1996 semester.

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

He enlisted in the Regular Army for 2 years, 14 weeks on 22 July 1986.  Trained as an indirect fire infantryman, he was assigned to Fort Ord, California, in January 1987.

At Fort Ord, he was charged with the wrongful distribution of some amount of lysergic acid diethylamide (LSD) between 1 March and 15 April 1987 and 68 hits of LSD on 29 July 1987.  He was tried by a general court-martial on 19 October 1987 and, in accordance with his pleas of guilty, he was convicted of both specifications and sentenced to confinement for 11 months, forfeiture of all pay and allowances, reduction to private, and a BCD.

The applicant was transferred to the United States Army Correctional Activity, Fort Riley, Kansas, where he served his sentence to confinement.  His BCD was executed on 14 November 1988.  He had 1 year, 7 months, and 14 days of creditable service and 248 days of lost time due to confinement.

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 pleaded guilty to two specifications of wrongful distribution of LSD, the events occurring some 75 days apart.  This fact suggests an ongoing involvement in the distribution of illegal drugs and supports the decision to try the applicant by a general court-martial.

3.  The applicant’s prior military service was not so meritorious to warrant an upgrade of his discharge, and his post-service accomplishments, while laudable, do not provide a sufficient basis for upgrade.

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

__EW___  __SK____  __ALR__  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999022211	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19881114	
DISCHARGE AUTHORITY	AR 635-200 C3	
DISCHARGE REASON	A74.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	105.0100	
2.	110.0000	
3.	144.9401	
4.	144.9405	
5.		
6.