MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 September 2000
	DOCKET NUMBER:   AR2000041203

	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. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Ms. Carol Jo Suiter		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 an honorable discharge.

APPLICANT STATES:  That he had 24 months of satisfactory service prior to his discharge.  He further states, in effect, that he has been in treatment for his addiction since his discharge and he now believes that the treatment has helped him with the problems that led to his discharge.  In support of his appeal, he submits three letters from Veterans Place Central, Veterans Assistance Program dated 29 October 1998, 6 November 1998 and 16 February 2000 indicating that he has regularly attended the program and that he has remained alcohol and drug free during those dates.  He also submits a Certificate of Completion from Recovery Bound dated 24 July 1998, a Certificate of Appreciation for community service for the period covering 18 April through 24 April 1999 and a Certificate of Completion for Job Seeking Skills Workshop at Veterans Place Central.

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

On 24 October 1974, he enlisted in the Army for 3 years in the pay grade of E-1 and he successfully completed his training as a unit supply clerk.

Nonjudicial punishment (NJP) was imposed against the applicant on 21 May 1975, for being absent from his place of duty and for possession of marijuana.  His punishment consisted of a forfeiture of pay and extra duty.

On 9 September 1975, NJP was imposed against him for failure to obey a lawful order.  His punishment consisted of a forfeiture of pay and extra duty.

On 14 September 1975, NJP was imposed against the applicant for possession of marijuana.  His punishment consisted of a forfeiture of pay, extra duty and restriction.

The applicant was convicted by a special court-martial on 9 February 1976 of stealing one Kenwood 1400 amplifier and one dual 1228 turn table, a value of about $402.00 from another soldier.  His sentence consisted of a bad conduct discharge, confinement at hard labor and a forfeiture of pay.

The United States Army Court of Military Review affirmed the finding and sentence on 30 September 1976.

He had NJP imposed against him again on 5 January 1977 for selling marijuana to a Criminal Investigation Division agent.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 25 February 1977, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11 as a result of the court-martial conviction.  He had completed 2 years, 1 month and 22 days of total active service and he had 70 days of lost time due to confinement.  He was separated with a Bad Conduct Discharge.

On 25 July 1978, the Army Discharge Review Board denied the applicant’s request for an 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.  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 post-service conduct has been noted by the Board.  However, it is not sufficiently mitigating to warrant the relief requested.  His contentions have also been noted by the Board.  Yet, the evidence of record clearly shows that he had NJP imposed against four times and he was convicted by a special court-martial.  Considering his numerous acts of indiscipline, it appears that his bad conduct discharge was appropriate.

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 this 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

__cs ____  ___fe ___  ___cmf__  DENY APPLICATION

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

INDEX

CASE ID	AR2000041203	
SUFFIX		
RECON		
DATE BOARDED	2000/09/12	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19770225	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  678	144.6803	
2.  715	144.7200	
3.  717	144.7400	
4.		
5.		
6.