PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           31 October 2000     
	DOCKET NUMBER:   AR2000043960

	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:

	Mr. Elzey J. Arledge		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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 is employed by the Department of Labor as a Mine Safety and Health Inspector; that he believes that his first period of service should be characterized as honorable; that an upgrade in his discharge would open up a door of great opportunity within the Department of Labor; and, that he has been a good citizen since his discharge from the Army. 

4.  The applicant’s military records show that he enlisted on 22 May 1979 in the Regular Army (RA) for a period of 4 years.  He successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training (AIT) in military occupational specialty 12E (Atomic Demolition Munitions Specialist) at Fort Belvoir, Virginia. 

5.  On 5 October 1979 the applicant departed Fort Belvoir in casual status en route to Germany.

6.  On 2 October 1982 the applicant departed Germany in casual status en route to Fort Hood, Texas.

7.  On 19 May 1983, at Fort Hood, he was honorably discharged for the purpose of immediate reenlistment.  On 20 May 1983 he reenlisted in the RA for a period of 3 years.  At the time of his reenlistment he held the rank of specialist/
E-4 and had completed 3 years, 11 months, and 29 days of honorable active military service.  He was already in receipt of the following decorations, badges, and ribbons:  the Good Conduct Medal; the Army Service Ribbon; the Overseas Service Ribbon; the NCO Professional Development Ribbon; the Air Assault Badge; the Driver Badge; the Expert Rifle M-16 Qualification Badge; and, the Sharpshooter Hand Grenade Qualification Badge.

8.  On 1 April 1984 the applicant was promoted to sergeant/E-5.

9.  On 22 June 1984 he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, of wrongful use of marijuana.  The punishment imposed consisted of a reduction to specialist/E-4 and 45 days restriction and extra duty.

10.  On 25 January 1985 he was convicted by a general court-martial (GCM) of wrongful distribution of marijuana.  He was sentenced to confinement at hard labor for 15 months, to forfeit all pay and allowances, a reduction to private/E-1, and to a BCD.

11.  The applicant was confined at the Disciplinary Barracks at Fort Leavenworth, Kansas, from 25 January 1984 through 21 October 1985.  On 22 October 1985 the applicant was released from confinement and placed on adjudged parole.

12.  On 25 April 1986 the applicant was placed on excess leave pending the appellate review of his GCM.

13.  On 9 October 1987 the applicant was discharged from the Army with a BCD after completing 7 years, 1 month, and 18 days of active military service, with 455 days lost due to confinement.

14.  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 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
3 years, 11 months, and 29 days of honorable service, should be considered a complete and unconditional separation. 

3.  Although the applicant was not eligible for a complete and unconditional separation on 19 May 1983, the honorable discharge issued to him for the purpose of immediate reenlistment terminated a period covering more than 
3 years of honorable service.

4.  In consideration of the foregoing findings and conclusions, and in recognition of his more than 3 years of good service, it would be unjust to consider his honorable discharge of 19 May 1983 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 19 May 1983.

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

BOARD VOTE:  

__EJA __  __ALR___  _BFH___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000043960	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19871009	
DISCHARGE AUTHORITY	AR 635-200 C3	
DISCHARGE REASON	105.0100.0000l	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	105.0000.0000	
2.	144.8508.0000	
3.	144.9219.0000	
4.	144.0100.0000	
5.		
6.