MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 January 2001                            
	DOCKET NUMBER:   AR2000037352

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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:  In effect, that his bad conduct discharge (BCD) be upgraded. 

APPLICANT STATES:  In effect, that while he was assigned to a unit in Germany he became addicted to heroin.  During his court-martial he remained silent about his drug addiction.  He was misled by his lawyer and pleaded guilty to the offense of being absent without leave (AWOL).  The applicant further states that his Army medical records in Germany shows that he was hospitalized for hepatitis because of intravenous drug use.  

EVIDENCE OF RECORD: The applicant’s military record shows:

He enlisted in the Regular Army on 26 September 1979 for a period of 4 years with 2 years, 6 months and 12 days of prior active service.  He completed the required training and was awarded military occupational specialty 76Y10 (Unit Supply Specialist).  The highest grade he achieved was pay grade E-4.   

On 9 September 1981, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for being AWOL from 8 to 12 July 1981.  His imposed punishment was a reduction to pay grade E-3 and 30 days restriction. 

The applicant’s military record also indicates that the applicant was reported for being AWOL from 9 October to 20 November 1981.  However, the particulars surrounding his punishment are missing from his files. 

In January 1982, the applicant’s medical record indicated that he was treated for hepatitis in Frankfurt Germany General Hospital.  However, the particulars surrounding the incident are missing from his files.  

On 25 February 1982, the applicant was convicted by a special court-martial of being AWOL from 21 November 1981 to 2 January 1982.  He was sentenced to a reduction to pay grade E-1, confinement at hard labor for 3 months, a forfeiture of $367.00 pay per month for 3 months and to be discharged from service with a BCD.  On 26 March 1982, the applicant’s sentence was approved by the convening authority.  The record of trial was forwarded to the Judge Advocate General of the Army for review by a board of review.  The United States Army Court of Military Review affirmed the sentence and the finding of guilty.  The record does not indicate that the applicant petitioned the United States Court of Military Appeals for a grant of review. 

On 12 November 1982, a Report of Mental Status Evaluation found the applicant mentally fit for retention.  The applicant at that time elected not to undergo a physical examination.   

On 18 November 1982, the applicant was discharged, in pay grade E-1 under the provisions of Army Regulation 635-200, chapter 3, as a result of a court-martial.  He had completed 2 years, 6 months and 20 days of active military service during this enlistment.

DISCUSSION:

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 this requirement.

2.  Trial by court-martial was warranted by the gravity of the offense 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 alleges that he was addicted to heroin and contracted hepatitis because of his drug use.  The evidence of record does support the applicant’s allegation that he was in a German hospital with hepatitis, however, there is no evidence in his available records in support of his alleged drug use.       

4.  The applicant has failed to provide any basis for the Board to grant clemency in his case.

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

__jns___  __mhm___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037352	
SUFFIX		
RECON		
DATE BOARDED	20010118	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19821118	
DISCHARGE AUTHORITY	AR635-200,chapter 3.  .  .  .  .  	
DISCHARGE REASON	A68.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6800	
2.		
3.		
4.		
5.