MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 June 2000
	DOCKET NUMBER:   AR2000037144

	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		Director	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson		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 an honorable discharge or a general discharge.

APPLICANT STATES:  In effect, that he had a drug problem prior to entering the Army (age 13).  He states that he was offered no rehabilitation for his drug abuse and that he was singled out of a group of five who were also involved with drugs. He continues by stating that the other four people who were involved with him were offered the chance for immunity for their testimony against him.  He concludes by stating, in effect, that he has turned him self around and that he regrets ever being involved with drugs.  In support of his appeal he submits, a letter from a youth pastor of the church that he attends dated 21 December 1998, a copy of a letter from the senior pastor of the church dated 21 December 1998 and a copy of a letter dated 22 December 1998 from a church chaplain; all attesting to his character and integrity.  He also submits a copy of a his certificate to practice as a private security person.

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

On 10 October 1975, he enlisted in the Army for 4 years in the pay grade of E-1. He successfully completed his training as an engineer equipment repairman and he was transferred to Germany.

Nonjudicial punishment (NJP) was imposed against the applicant on 26 January 1976 for wrongfully using marijuana.  His punishment consisted of a forfeiture of pay.

On 12 March 1976, NJP was imposed against him for failure to obey a lawful order.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

The applicant had NJP imposed against him again on 11 January 1978 for driving under the influence of alcohol.  His punishment consisted of a forfeiture of pay and extra duty.

On 28 June 1978, the applicant was convicted by a general court martial of possession of heroin, using heroin, two specifications of selling heroin, transferring heroin, introducing heroin on a military installation and of possession of drug paraphernalia.  His sentence consisted of a BCD, confinement at hard labor for 2 years, reduction to the pay grade of E-1 and a forfeiture of pay.

On 29 August 1978, the convening authority approved only so much of the sentence as pertains to the BCD, confinement at hard labor for 18 months, reduction to the pay grade of E-1 and a forfeiture of pay.

Accordingly, on 24 August 1979, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11 as a result of a court-martial conviction.  He had completed 2 years, 9 months and 11 days of total active service.  He had 338 days of lost time due to confinement and he was issued a BCD.

The record of trial is not available for review and there is no evidence of record to substantiate the applicant’s contention that he had a drug problem prior to entering the Army.

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

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 applicant’s contentions and post-service conduct have been noted by the Board.  However, the evidence of record clearly shows that he had NJP imposed against him three times for acts of misconduct prior to being convicted by a general court-martial for using, selling, possessing, transferring and introducing drugs on a military installation.  Considering the nature of his offenses, it does not appear that his BCD was too harsh.

4.  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.

5.  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

___mvt__  ___owt__  __kan ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037144	
SUFFIX		
RECON		
DATE BOARDED	2000/06/15	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1979/08/24	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  678	144.6803/A68.03/offense (seriousness)	
2.  717	144.7400/A74.00/drugs	
3.		
4.		
5.		
6.