MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            1 July 1999
	DOCKET NUMBER:   AR1999023012

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Stanley Kelley		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:  In effect, that his bad conduct discharge be upgraded to an honorable.

APPLICANT STATES:  That he only experimented with marijuana before he joined the Army.  He states that once he joined the Army he succumbed to heroin because of peer pressure while he was in Vietnam.  He further states that he was caught with drugs and charged with possession and that he was never offered any drug rehabilitation even after he asked for help through his chain of command.

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

On 2 November 1976, he enlisted in the Army for 3 years in the pay grade of E-1 and he successfully completed his training as an infantryman.  He was promoted to the pay grade of E-4 on 1 August 1977.  He completed 3 years, 6 months and 26 days of total active service prior to being honorably discharged on 27 May 1980.  He reenlisted for 3 years on 28 May 1980.

On 27 January 1981, the applicant was convicted by a special court-martial of possession of 16 grams, more or less, of heroin.  His sentence consisted of a forfeiture of pay, a reduction in pay grade, confinement at hard labor and a bad conduct discharge.

The convening authority approved the sentence on 30 September 1981.  Accordingly, on 13 October 1981 he was discharged pursuant to the sentence of a special court-martial, under the provisions of Army Regulation 635-200, 
chapter 11 and he was issued a bad conduct discharge.

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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  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.

3.  The applicant’s contentions have been noted by the Board.  However, he was not convicted of using heroin.  He was convicted of possession of heroin.  There is no evidence in the available records that shows that he had a problem with using illegal drugs or that his chain of command was aware of any drug use and failed to afford him the opportunity to be rehabilitated.
4.  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.

5.  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

__jhl   ___  __fkm___  ___sk___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023012	
SUFFIX		
RECON		
DATE BOARDED	1999/07/01	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1981/10/13	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675/BCD	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  717	A74.00/Conduct triable by CM: Drugs	
2.		
3.		
4.		
5.		
6.