MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            27 January 2000
	DOCKET NUMBER:   AR1999028616

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		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:  The applicant has not advanced any basis for an upgrade of his discharge.

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

The applicant enlisted on 24 February 1987 for a period of 2 years.  He successfully completed his basic training at Fort Knox, Kentucky and was transferred to Fort Lee, Virginia for his advanced individual training as a food service specialist.  He completed his training and was transferred to Fort Ord, California on 29 July 1987 for duty as a cook.  He was promoted to the pay grade of E-3 on 1 March 1988.

On 3 March 1989 he was convicted by a general court-martial of two specifications of distribution of cocaine.  He plead guilty and was sentenced in accordance with a pre-trial agreement to confinement for 12 months, a total forfeiture of pay and allowances, reduction to the pay grade of E-1, and a bad conduct discharge.  He was transferred to the Army Correctional Facility at Fort Riley, Kansas to serve his confinement.

On 20 October 1989 he was discharged pursuant to his court-martial conviction with a bad conduct discharge.  He had served 2 years and 6 days of total active service and had 231 days of lost time due to confinement.

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.  The applicant was properly discharged pursuant to a sentence by a general court-martial with no indication of any violations of any of the applicant’s rights.

3.  The applicant has advanced no arguments to support an upgrade of his discharge nor does the Board find any basis, based on the evidence of record to do so.

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

___sk ___  __eja___  __inw ___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028616	
SUFFIX		
RECON		
DATE BOARDED	2000/01/27	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1989/10/20	
DISCHARGE AUTHORITY	GCM	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675 	144.6800/A68.00/BCD	
2.		
3.		
4.		
5.		
6.