MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 August 2000                   
	DOCKET NUMBER:   AR2000043653

	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. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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 dishonorable discharge be upgraded to honorable.

APPLICANT STATES:  That he was a veteran of Operation Desert Storm and was suffering from the effects it had on him and his family.  He believes that his service there caused him to use drugs.  He received numerous commendations for his service in Operation Desert Storm.  His crime was not against his country. His discharge was inequitable because it was based on one isolated incident in 33 months of service.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, as supporting evidence.

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

He enlisted in the Regular Army on 25 January 1990.  He completed basic training and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).  He served in Saudi Arabia from 1 October 1990 through 18 March 1991.  He was promoted to Specialist, E-4 on 25 March 1992.

On 11 December 1992, the applicant was convicted by a general court-martial of conspiracy to distribute lysergic acid diethylamide (LSD) and hashish between     1 May and 22 September 1992; wrongful distribution of an unknown amount of hashish between 1 July and 22 September 1992; wrongful distribution of an unknown amount of LSD between 1 May and 15 July 1992; wrongful distribution of 100 units of LSD on 11 August 1992; wrongful distribution of 30 units of LSD on 27 August 1992; wrongful use of approximately 10 units of LSD between        1 June and 22 September 1992; and wrongful use of hashish between 1 July and 22 September 1992.  He was sentenced to a dishonorable discharge, confinement for 50 months, forfeiture of all pay and allowances; and a reduction to the grade of Private E-1.

On 5 May 1993, the U. S. Army Court of Military Review affirmed the findings and the sentence.

On 26 November 1993, the applicant was dishonorably discharged pursuant to his sentence by court-martial.  He had completed 2 years, 10 months and 16 days of creditable active service and had 350 days of lost time (confinement).  He had been awarded the Army Achievement Medal in addition to several service medals.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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.  The evidence of record shows that the applicant was not convicted for an isolated instance of drug use but for multiple specifications of drug use and wrongful distribution of illegal drugs.  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 provides no evidence to show that his use and distribution of illegal drugs resulted from his service during Operation Desert Storm.  Such a contention would have related to evidentiary matters which were finally and conclusively adjudicated in the court-martial appellate process and would furnish no basis for recharacterization of the discharge.

4.  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

__jdm___  ___ra___  __cg____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043653	
SUFFIX		
RECON		
DATE BOARDED	20000829	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.