MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 August 2000
	DOCKET NUMBER:   AR2000036689

	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. Carl W. S. Chun
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson 		Member	
	Mr. Kenneth W. Lapin		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 to “at least general.”

APPLICANT STATES:  That the charges of wrongful distribution of marijuana, wrongful possession, drug abuse, drug paraphernalia, were just given to him; he was positive on a urinalysis test only.

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

He enlisted on 8 February 1984 for a period of 4 years.

On 24 October 1986, the applicant was tried by a special court-martial and found guilty of two specifications of wrongful distribution of marijuana, and wrongful possession of drug abuse paraphernalia.  He was sentenced to confinement for 90 days, forfeiture of $426.00 per month for 3 months, reduction to the grade of private E-1, and a bad conduct discharge.  The approved sentence was affirmed upon review.

On 17 August 1987, the bad conduct discharge was executed at Fort Dix, New Jersey.  The applicant had 3 years, 5 months and 21 days of creditable service and 20 days of time lost.

On 3 January 2000, the Army Discharge Review Board, in a unanimous decision, denied the applicant’s request for upgrade of his discharge.

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.  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 this requirement.

3.  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

__ed____  __mvt___  __kwl____  DENY APPLICATION

    Carl W. S. Chun
    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036689	
SUFFIX		
RECON		
DATE BOARDED	20000822	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19870817	
DISCHARGE AUTHORITY	AR635-200 CH3	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.