MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:   AR2000047438

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy		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 bad conduct discharge (BCD) be upgraded to an honorable or a general discharge.

APPLICANT STATES:  That his discharge was inequitable because it was based on charges for which he had already received nonjudicial punishment (NJP).  He states that he now understands the effects of marijuana use while on post and in the company of a juvenile; however, the type of discharge that he received was too harsh considering the nature of his offenses.  He further states that at this time in his life he would like to receive medical benefits because he believes that he served his country to the best of his ability.

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

On 24 October 1972, he enlisted in the Army for 3 years in the pay grade of E-1. He successfully completed his training as a power generator operator.

On 4 October 1973 NJP was imposed against the applicant for being absent without leave (AWOL) from 18 September 1973 until 3 October 1973, while at Fort Hood, Texas.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

He had NJP imposed against him on 12 June 1974 for failure to report of his appointed place of duty on 4 June 1974.  His punishment consisted of a reduction in pay grade, restriction and extra duty.

The applicant was transferred to Germany on 23 July 1974.  He had NJP imposed against him again on 3 September 1974 for being AWOL from 21 August until 23 August 1974.  His punishment consisted of a forfeiture of pay and extra duty. 

On 12 December 1974, while at Fort Campbell, Kentucky NJP was imposed against the applicant for disobeying a lawful order.  His punishment consisted of a forfeiture of pay.

On 11 April 1975, NJP was imposed against the applicant for being absent from his unit on 28 March 1975 and 7 April 1975.  His punishment consisted of a forfeiture of pay and extra duty.

On 29 April 1975, NJP was imposed against him for stealing a twelve inch portable television of a value of $125.00 and a radio-record player combination of an estimated value of $140.00, the property of another soldier.  He was also punished for being AWOL from 24 August until 27 August 1974, while at Fort Bragg, North Carolina.  His punishment consisted of a forfeiture of pay and extra duty.

The applicant had NJP imposed against him again on 19 May 1975, for two specifications of being absent from his place of duty; three specifications of failure to go to his appointed place of duty; and for disobeying a lawful order from his superior noncommissioned officer.  His punishment consisted of a reduction in pay grade and a forfeiture of pay.

On 25 June 1975, NJP was imposed against the applicant for failure to go to his appointed place of duty.  His punishment consisted of a forfeiture of pay, restriction and extra duty.

On 30 September 1975, the applicant was convicted by a special court-martial of wrongfully having in his possession one half ounce, more or less of marijuana, threatening another soldier and disobeying a lawful order of a noncommissioned officer.  His sentence consisted of a BCD, confinement at hard labor and a forfeiture of pay.

On 30 January 1976, the United States Army Court of Military Review approved the sentence as adjudged.  Accordingly, on 18 June 1976, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11 as a result of a court-martial conviction.  He had completed 3 years, 3 months and 21 days of total active service and he had125 days of lost time due to AWOL and confinement.  He was furnished a BCD.

The applicant submitted an Application for the Review of Discharge or dismissal from the Armed Forces of the United States (DD Form 293) requesting that his BCD be changed to an honorable discharge.  This Board accepted his DD Form 293 in lieu of an Application for Correction of Military Records (DD Form 149).

There is no evidence of record that shows that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted by the Board.  However, they are not substantiated by the evidence of record.  The records clearly show that the applicant had NJP imposed against him on eight separate occasions and he was convicted by a special court-martial of possession of marijuana.  Considering the nature of his offenses, it does not appear that his BCD was too harsh.

4.  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.

5.  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

___wtm _  ___ls____  __teo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047438	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/23	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1976/06/18	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800	
2.  678	144.6803	
3.		
4.		
5.		
6.