MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 January 2001                   
	DOCKET NUMBER:   AR2000044142

	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:  That his dishonorable discharge be upgraded.

APPLICANT STATES:  That he served 3 years.  He made a mistake.  He paid his debt to society and should not have to suffer for the rest of his life.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 20 June 1985 for 3 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).

There is no record of disciplinary action in the applicant’s records.  However, an undated memorandum disapproving his Army Good Conduct Medal notes that he received one Article 15 for violation of Article 117 (provoking speeches or gestures) and that he was pending a bar to reenlistment.

On 27 February 1990, the applicant was convicted by a general court-martial of being absent without leave (AWOL) from on or about 6 May 1988 to on or about 17 January 1990 and of three specifications of wrongful distribution of hashish on or about 20 February, 23 February and 1 March 1988, respectively.  He was sentenced to forfeit all pay and allowances, to confinement for 1 year, and to a dishonorable discharge.

On 13 July 1990, the U. S. Army Court of Military Review affirmed the findings of guilty and the sentence.

On 19 October 1990, the applicant was discharged, with a dishonorable 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	AR2000044142	
SUFFIX		
RECON		
DATE BOARDED	20010109	
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.