MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 January 2001                   
	DOCKET NUMBER:   AR2000042463

	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. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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:  The applicant makes no specific request but presumably he is requesting his discharge be upgraded.  He makes no statement and provides no supporting evidence.

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

He enlisted in the Regular Army on 5 July 1978.  He completed basic training and advanced individual training and was awarded military occupational specialty 76Y (Unit Organization Supply Specialist).

On 1 August 1979, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for breaking restriction.

On 2 February 1981, the applicant was convicted by a special court-martial of wrongfully selling 122.17 grams, more or less, of marijuana and of wrongfully introducing 122.17 grams, more or less, of marijuana onto a military post for the purpose of sale.  He was sentenced to be reduced to pay grade E-1, to forfeit $200.00 pay per month for 5 months, to be confined at hard labor for 75 days, and to be discharged with a bad conduct discharge.  On 25 March 1981, the unapplied portion of the sentence to forfeit $200.00 pay per month for 5 months and the unserved portion of the confinement at hard labor for 75 days was suspended for 6 months at which time the suspended portion would be remitted without further action unless the suspension was sooner vacated.  

On 20 April 1981, the U. S. Army Court of Military Review affirmed the findings of guilty and the sentence.

On 28 August 1981, the applicant was discharged, with a bad conduct discharge, pursuant to his sentence by court-martial.

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.  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 offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulation, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  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

__mdm___  __clg___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042463	
SUFFIX		
RECON		
DATE BOARDED	20010109	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.