PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 May 2000       
	DOCKET NUMBER:   AR2000038608

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. McKim-Spilker .		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Meta Waller		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.
2.  The applicant requests, in effect, that his dishonorable discharge (DD) be upgraded to general, under honorable conditions.

3.  He states, in effect, that his misconduct was a single event; that it has been 17 years since he was discharged; that he has paid his debt and would like to live without a dishonorable discharge overshadowing the rest of his life; and, that he would appreciate any help from the Board so he would no longer have to hang his head in shame. 

4.  The applicant’s military records show that he enlisted on 10 November 1976 in the Regular Army (RA) or a period of 4 years.  He successfully completed basic combat training and advanced individual training (AIT) in military occupational specialty 63B (Power Generator and Wheel Vehicle Mechanic) at Fort Jackson, South Carolina.  Upon completion of AIT he was assigned to Germany. 

5.  On 28 July 1979 he departed Germany in casual status en route to Fort Riley, Kansas.

6.  On 31 July 1980, at Fort Riley, Kansas he was honorably discharged for the purpose of immediate reenlistment.  On 1 August 1980 he reenlisted in the RA for a period of 3 years.  At the time of his reenlistment he held the rank of specialist/E-4 and had completed 3 years, 6 months, and 4 days of active honorable military service.

7.  On 27 October 1980 he departed Fort Riley, Kansas, in casual status en route to Fort Hood, Texas.

8.  On 3 March 1983 he was convicted by a general court-martial for 2 specifications of possession of marijuana;1 specification of distribution of marijuana; 2 specifications of possession of methamphetamines; and, 2 specifications of distribution of methamphetamines.  He was sentenced to confinement at hard labor for 60 months, to forfeit all pay and allowances, reduction to private/E-1, and to a dishonorable discharge.

9.  On 29 March 1983 the sentence was adjudged, and ordered executed.  He was confined to the U.S. Disciplinary Barracks, Fort Leavenworth, Kansas, from 3 March – 10 November 1983.

10.  On 10 November 1983 the applicant was discharged from the Army with a dishonorable discharge after completing 2 years, 7 months, and 2 days of the enlistment period under review.

11.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, paragraph 3-11, provides that a soldier will be given a punitive discharge (BCD or DD) pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed.

CONCLUSIONS:

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.  The overall quality of the applicant’s last period of service does not warrant an upgrade of the discharge.  However, his prior term of service, which included 3 years, 6 months, and 4 days of honorable service, should be considered a complete and unconditional separation. 

3.  Although the applicant was not eligible for a complete and unconditional separation on 31 July 1980, the honorable discharge issued to him for the purpose of immediate reenlistment terminated a period covering more than 3 years of honorable service.

4.  In consideration of the foregoing findings and conclusions, and in recognition of his more than 3 years of good service, it would be unjust to consider his honorable discharge of 31 July 1980 as other than a complete and unconditional separation from the military service.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected to show that the individual concerned was eligible for a complete and unconditional separation from the military service at the time of his honorable discharge on 31 July 1980.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__JNS___  _MDM__  _MW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000038608	
SUFFIX		
RECON		
DATE BOARDED	20000524	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19831110	
DISCHARGE AUTHORITY	AR 635-200 C3	
DISCHARGE REASON	105.0100.0000l	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	105.0000.0000	
2.	144.8508.0000	
3.	144.9219.0000	
4.	144.0100.0000	
5.		
6.