PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           24 October 2000       
	DOCKET NUMBER:   AR2000043221

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		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 general, under honorable conditions.

3.  He states, in effect, that he asked for help with his drug problem and the Army refused to assist him until he got into trouble; that he should have been chaptered out of the Army because he was drug dependent instead of receiving a general court-martial (GCM) and a BCD; that he went to the Criminal Investigation Division (CID) long before they began investigating him; that the CID kept him in the Army so that he could testify against his platoon leader who used drugs with him; and, that he was a good soldier. 

4.  The applicant’s military records show that he enlisted on 26 November 1986 in the Regular Army (RA) for a period of 3 years.  He successfully completed basic combat training at Fort Sill, Oklahoma, and advanced individual training (AIT) in military occupational specialty 91A (Medical Specialist) at Fort Sam Houston, Texas.  Upon completion of AIT he was assigned to Fort Polk, Louisiana. 

5.  On 2 March 1988, while at Fort Polk, he received the Army Achievement Medal for meritorious achievement from 1-23 November 1987.

6.  On 28 December 1988, while at Fort Polk, he received the Army Commendation Medal for meritorious achievement from 1 October–
1 November 1988. 

7.  On 30 March 1989, at Fort Polk, he was honorably discharged for the purpose of immediate reenlistment.  On 31 March 1989 he reenlisted in the RA for a period of 4 years.  At the time of his reenlistment he held the rank of specialist/
E-4 and had completed 2 years, 4 months, and 5 days of honorable active military service.

8.  On 7 March 1990 he was convicted by a GCM for use of lysergic acid diethylamide, and use and distribution of methylenedioxy methamphetamines.  He was sentenced to confinement at hard labor for 12 months, to forfeit all pay and allowances, a reduction to private/E-1, and to a BCD.

9.  On 7 March 1990 only so much of the sentence as provided for a BCD; forfeiture of all pay and allowances; a reduction to grade of private/E-1; and, confinement at hard labor for a period of 9 months was ordered executed.  He was confined at Fort Riley, Kansas, from 7 March to 17 October 1990.

10.  On 1 March 1991 the applicant was discharged from the Army with a BCD after completing 3 years, 7 months, and 22 days of active military service, with 224 days lost due to confinement.

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 evidence of record does not support the applicant’s contentions and the applicant has provided no independent corroborating evidence to support his contentions that he notified his command that he had a drug problem or that the Army failed to assist him with a drug problem.  Further, there is no evidence in the record of a CID investigation or that the applicant was used by the CID to testify against other drug users.   

3.  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
2 years, 4 months, and 5 days of honorable service, should be considered a complete and unconditional separation. 

4.  Although the applicant was not eligible for a complete and unconditional separation on 30 March 1989, the honorable discharge issued to him for the purpose of immediate reenlistment terminated a period covering more than 
2 years of honorable service.

5.  In consideration of the foregoing findings and conclusions, and in recognition of his more than 2 years of good service, it would be unjust to consider his honorable discharge of 30 March 1989 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 30 March 1989.

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

BOARD VOTE:  

__MKP__  __ESC __  __JTM __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043221	
SUFFIX		
RECON		
DATE BOARDED	20001024	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19910301	
DISCHARGE AUTHORITY	AR 635-200 C3	
DISCHARGE REASON	105.0100.0000	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	105.0100.0000	
2.	144.8508.0000	
3.	144.9219.0000	
4.	144.0100.0000	
5.		
6.