PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           24 November 1999                   
	DOCKET NUMBER:   AR1999024475

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Lester Echols		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his bad conduct discharge be upgraded to a general discharge under honorable conditions.

3.  The applicant states that he requests clemency based upon his honorable service of over 17 years.  Supporting evidence is as listed on the enclosure to the DD Form 149. 

4.  Counsel contends that the applicant has submitted post-service documentation showing that he has attended school since his discharge, as well as statements from friends and neighbors who can attest that he has been an asset to the community.

5.  The applicant’s military records show that he entered the Army on 14 June 1977.  He was honorably discharged on 30 April 1986 for the purpose accepting an appointment and entering active duty as a warrant officer.  He was honorably discharged on 1 March 1990 (his DD Form 214 erroneously shows his separation date as 2 March 1990) for the purpose of reenlisting in the Regular Army on        2 March 1990.  

6.  On 2 November 1993, the applicant was convicted by a general court-martial of wrongfully distributing 4 user units of LSD in May 1993 and of wrongfully distributing 50 user units on 24 June 1993.  He was sentenced to a bad conduct discharge, to be reduced to pay grade E-1, to forfeit all pay and allowances and to be confined for 10 months.

7.  On 13 June 1994, the U. S. Army Court of Military Review affirmed the findings of guilty and the sentence.

8.  On 5 November 1995, the applicant was discharged with a bad conduct discharge pursuant to his court-martial sentence.  He had completed 17 years and 9 months of creditable active service and had 233 days of lost time (confinement).

9.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon discharge from active military service.  It establishes standardized policy for the preparation of DD Form 214.  It states that block 12a will show the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued.

10.  Title 10, U. S. code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

CONCLUSIONS:

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.  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.

3.  The Board has taken cognizance of the applicant’s prior years of good military service and his good post-service conduct.  However, his prior good military service has already been recognized by two honorable discharges and his good post-service conduct does not warrant the relief requested.

4.  The Board does note an administrative error on the applicant’s last two DD Forms 214.  He was discharged as a warrant officer on 1 March 1990 since he reenlisted on 2 March 1990 (block 12c is correct; block 12d is not).  His DD Form 214 for the period beginning 1 May 1986 should reflect “90 03 01” in block 12b.  His last DD Form 214 should reflect “90 03 02” in block 12a, since that was the date of his last reenlistment for which he did not receive a DD Form 214, with the appropriate corrections in blocks 12c and 12d.  This correction would also prevent the appearance that his entire 17 years of service was characterized as “bad conduct.”

5.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

     a.  amending the applicant’s DD Form 214 for the period beginning 1 May 1986, block 12b to read 90 03 01 and block 12d to read 08 10 17; and

     b.  amending the applicant’s DD Form 214 for the period beginning 14 June 1977, block 12a to read 90 03 02; block 12c to read 05 08 04, and block 12d to read 12 08 18.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __rgh___  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999024475	
SUFFIX		
RECON		
DATE BOARDED	19991124	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.