MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 March 2000
	DOCKET NUMBER:   AR1999026436

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Thomas D. Howard Jr.		Member	
	Ms. Carol Jo Suiter 		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 be upgraded.

APPLICANT STATES:  That he was told by a person in the “JAG” office that his discharge would be upgraded approximately 6 months after he was discharged.

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

He enlisted on 23 January 1973 and, after training, was assigned to Germany.

On 26 April 1973, while undergoing advanced individual training, the applicant was administered nonjudicial punishment (NJP) under Article 15, UCMJ, for disobeying a lawful order.

On 12 December 1974, the applicant was administered NJP for wrongful use of marijuana.  His punishment included reduction in rank from specialist four (E-4) to private first class (E-3).

On 11 August 1975, the applicant was tried by general court-martial and convicted of wrongful possession of heroin, wrongfully selling heroin, and wrongful possession of marijuana in the hashish form.  He was sentenced to confinement at hard labor for 18 months (of which 6 months confinement was suspended for 12 months), forfeiture of all pay and allowances, reduction in grade to private (E-1), and a bad conduct discharge.  The approved sentenced was affirmed upon review.

The bad conduct discharge was executed on 21 January 1976 at the US Disciplinary Barracks, Fort Leavenworth, Kansas.  The applicant had 2 years, 
6 months and 15 days of creditable service and 164 days of time lost.

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 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.

2.  The applicant’s assertion that he was told his discharge would be upgraded 
6 months after discharge is not borne out by the record.  There is no evidence in the military record or record of trial, or anything that the applicant has submitted, that indicates his discharge would be upgraded.

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

__jh____  __tdh____  ___cjs___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026436	
SUFFIX		
RECON		
DATE BOARDED	20000309	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19760121	
DISCHARGE AUTHORITY	AR635-200 CH11	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.