MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            21 July 1999
	DOCKET NUMBER:   AR1999023115

	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:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		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 an honorable or a general discharge.

APPLICANT STATES:  That he believes that he was given drugs without his knowledge while he was at a party.  He further states that, while at the party, he starting hitting people with a pipe and jumped out of a second story window.  He concludes by stating that he requested to be tested for drugs to prove his innocence and he was never given a blood test.

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

On 26 March 1974, he enlisted in the Army in the pay grade of E-1 and he went on to successfully complete his training as an infantryman.  He completed 3 years, 7 months and 21 days of total active service prior to being honorably discharged on 16 November 1977.  He reenlisted for 6 years on 17 November 1977.  

Nonjudicial punishment (NJP) was imposed against the applicant on 4 February 1981, for possession of marijuana.  His punishment consisted of a reduction in pay grade and extra duty.

On 13 October 1981, NJP was imposed against him for impersonating an NCO.  His punishment consisted of a reduction in pay grade, a forfeiture of pay and extra duty.

On 22 November 1982, the applicant was convicted by a general court-martial of aggravated assault and assault and battery.  His sentence consisted of a dishonorable discharge, confinement at hard labor and a reduction in pay grade.

The convening authority approved only so much of the sentence as provided for a BCD, confinement at hard labor and a reduction in pay grade.  Accordingly on 23 February 1984, he was discharged pursuant to a general court-martial conviction.  He completed approximately 8 years and 5 months of total active service and 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.  Trial by court-martial was warranted by the gravity of the offenses for which he was charged and the discharge appropriately characterized the misconduct for which the applicant was convicted.

2.  The applicant’s contention has been noted by the Board.  However, there is no evidence either submitted with the application or in the available records that shows that he was under the influence of drugs when he committed aggravated assault and assault and battery.

3.  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.

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

___rgh __  __ja ____  __cb____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023115	
SUFFIX		
RECON		
DATE BOARDED	1999/07/21	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1984/02/23	
DISCHARGE AUTHORITY	AR 635-200 	
DISCHARGE REASON	716	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  717	144.74000/A74.00/Triable by CM: Drugs	
2.  		
3.		
4.		
5.		
6.