PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            7 June 2000
	DOCKET NUMBER:   AR2000038922

	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	
	Mr. Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. James P. Steuve		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 bad conduct discharge (BCD) be upgraded to an honorable discharge. 

3.  The applicant states, in effect, that his BCD was upgraded to a general discharge and was supposed to be upgraded to an honorable discharge after 6 months had elapsed.  However, to date nothing has been done.

4.  The applicant’s military records show that he enlisted on 14 January 1994 for a period of 3 years and training as a cavalry scout.  He successfully completed his training and was transferred to Alaska on 22 June 1994.

5.  On 15 August 1995 he was convicted by a general court-martial of wrongful possession and distribution of marijuana.  He was sentenced pursuant to a     pre-trial agreement to confinement for 12 months, reduction to the pay grade of E-1, forfeiture of all pay and allowances, and a BCD.

6.  The Court of Military Review affirmed only so much of the sentence as providing for a BCD, 11 months confinement, reduction to the pay grade of E-1, and forfeiture of all pay and allowances.

7.  On 24 January 1996, in connection with a clemency and parole hearing, the Deputy Assistant Secretary of the Army for Army Review Boards denied restoration to duty but approved an upgrade of his BCD to a general discharge.  He also approved parole on the condition that he participate in a Drug Abuse Therapy Program.  

8.  On 20 December 1996, the applicant was discharged pursuant to the sentence of a general court-martial and was issued a BCD.  He had served 1 year, 11 months, and 7 days of total active service and had 365 days of lost time due to confinement.

9.  There is no indication in the available records to show that administrative action was ever taken to upgrade his BCD to a general discharge.

CONCLUSIONS:

1.  The applicant’s contention that he was granted an upgrade of his BCD to a general discharge is supported by the evidence of record.  However, it appears that an administrative oversight resulted in the action having never been accomplished.  Therefore, it would be in the interest of justice to do so at this time.

2.  The applicant’s contention that his general discharge was to be automatically upgraded within 6 months appears to be without merit and is not supported by the evidence submitted with his application or the evidence of record.  There are no automatic provisions for such an upgrade nor is there any evidence to suggest that one was considered.

3.  The Board also finds that given the circumstances in this case and the applicant’s otherwise undistinguished record of service, there is no basis to support an upgrade of his general discharge to honorable.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was separated from the service with a General Discharge Certificate on 20 December 1996.

2.  That the Department of the Army issue to the individual concerned a General Discharge Certificate from the Army of the United States, dated 20 December 1996, in lieu of the BCD that he now holds.

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

BOARD VOTE:  

___esc__  __jps____  __mkp __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson___
		        CHAIRPERSON

INDEX

CASE ID	AR2000038922	
SUFFIX		
RECON		
DATE BOARDED	2000/06/08	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1996/12/20	
DISCHARGE AUTHORITY	Gcm	
DISCHARGE REASON	675	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/a68.00	
2.		
3.		
4.		
5.		
6.