MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 February 2000                  
	DOCKET NUMBER:   AR1999024565

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Authur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller 		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 one issued under honorable conditions.

APPLICANT STATES:  That his discharge has stigmatized him for 22 years.  He enlisted at age 17 to escape a bad situation, but what he experienced in the Army was even worse – drug use.  He moved out of the barracks and got an off-post apartment.  Later, he took a roommate who turned out to be a drug dealer.  The roommate used the applicant’s car to conduct drug deals.  He decided to move out of his apartment.  While he was preparing to leave, he took a telephone call for his roommate.  The call concerned a drug sale and the buyer asked questions about a meeting to which the applicant answered, “I guess so.”  He was arrested and charged with possession of marijuana and conspiracy to sell, possess, and distribute marijuana.  He was convicted and sentenced to confinement and a BCD.  He adds that he has turned his life around and asks that the Board end his suffering for something that he did not really do.  In support of his application, he provides a handwritten letter.

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

He enlisted in the Regular Army for 3 years on 25 September 1973.  Trained as a vehicle maintenance supply specialist, he was sent to Fort Carson, Colorado, for duty.

On 8 September 1976, he was tried by a general court-martial for conspiring with another soldier to sell marijuana.  On 10 June 1976, the other soldier sold roughly 2000 grams of marijuana to an undercover officer from the applicant’s car.  The applicant was present outside of the car during the transaction.  On 29 June 1976, the applicant was found in possession of marijuana.  Although he only pleaded guilty to the charge of possession of marijuana on 29 June, he was found guilty of conspiracy to sell, possess, and transfer marijuana, as well as possession on 29 June 1976.  He was sentenced to reduction to private, confinement for 9 months, forfeiture of $125 per month for 9 months, and a BCD.

The applicant’s BCD was executed on 5 November 1979.  He had 5 years and 6 months of creditable service and 224 days of lost time due to confinement.

The Military Justice Act of 1983 (Public Law 98-209), provides, in pertinent part, that military correction boards may not disturb the finality of a conviction by court-martial.

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.  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.  Although the applicant contends that he was an innocent, unwitting victim of his roommate’s drug dealing, the record of his trial indicates that he was present at sales and that he coordinated the details of at least one drug deal for his roommate.  The record also shows that he pleaded guilty to one specification of possession of marijuana.

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

__AAO__  __CLG__  __MW___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999024565	
SUFFIX		
RECON		
DATE BOARDED	20000216	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19791105	
DISCHARGE AUTHORITY	AR 635-200 C11	
DISCHARGE REASON	A74.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	105.0000	
2.	110.0000	
3.		
4.		
5.		
6.