MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           16 December 1999
DOCKET NUMBER:   AR1999026947

	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	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O'Connor, Jr.		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:  Reconsideration of his previous application to correct his records by upgrading his Bad Conduct Discharge (BCD).

APPLICANT STATES:  In effect that his punishment was unduly harsh and that others during his period of service were given amnesty.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 22 November 1989 (COPY ATTACHED).

The applicant’s request contains the new issue although he submits no supporting evidence or explanation of how his discharge was unduly harsh. 

The applicant was charged, plead guilty and convicted of three specifications of possession of heroin, two specifications of transfer and sale of heroin, one specification of use of heroin, and one specification of making a threat to kill a captain.

The Manual for Courts-Martial, appendix 12 Maximum Punishment Chart, in pertinent part, lists the maximum punishment, for each specification, as follows;

a.  possession of heroin, a Dishonorable Discharge (DD), 5 years confinement and total forfeiture of pay and allowances;

b.  trafficking in heroin, a DD, 15 years confinement and total forfeiture of pay and allowances; and, 

c.  communicating a threat to an officer, a DD, 10 years and total forfeiture of pay and allowances.

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 applicant has submitted no evidence that his court-martial was improper, or that his sentence for drug trafficking and threatening an officer was anything but appropriate.

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 overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__fkm___  __rvc____  __sk____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999026947	
SUFFIX		
RECON		
DATE BOARDED	19991216	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19730306	
DISCHARGE AUTHORITY	SPCM  	
DISCHARGE REASON	A70.03	
BOARD DECISION	3-0	
REVIEW AUTHORITY		
ISSUES         1.	A94.05	
2.		
3.		
4.		
5.		
6.