MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            29 March 2001                  
	DOCKET NUMBER:   AR2001051557

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone 		Chairperson	
	Mr. Lester Echols 		Member	
	Mr. Christopher J. Prosser 		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 be upgraded to honorable.    

APPLICANT STATES:  In effect, that he is a very poor man and has no money to do anything.  He contends that he needs medical treatment and assistance from the Department of the Veterans Affairs (DVA) to help him get on his feet.  He states that he has tried to kill himself on three occasions; however, he does not want to die.  He goes on to state that he has three children, that their mother has died and he does not know what to do.    

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

The applicant enlisted on 16 January 1979 for a period of 3 years.  He successfully completed basic and advanced individual training and was transferred to Fort Benning, Georgia, for duty as an infantryman.

Between 31 August 1979 and 6 November 1981, nonjudicial punishment was imposed against the applicant on nine occasions for various infractions.

A bar to reenlistment was imposed against the applicant on 20 November 1980 for his four nonjudicial punishments (wrongful use of marijuana, missing formation, dereliction of duty and for being AWOL from duty).   

On 21 January 1982 the applicant was convicted by special court-martial of breaking restriction, and possession, transfer and use of marijuana.  He was sentenced to a bad conduct discharge, confinement at hard labor for 3 months and forfeiture of $325 pay per month for 3 months.  On 11 April 1982 the convening authority approved the sentence.

On 25 October 1982 the Court of Military Review affirmed the findings of guilty and the sentence.  His appellate review was completed on 27 January 1983.

Accordingly, the applicant was discharged on 25 February 1983 pursuant to the sentence of a special court-martial.  He was issued a Bad Conduct Discharge Certificate.  He had served 2 years, 8 months and 20 days of total active service and had 110 days lost time due to confinement.    

On 28 February 1985 the Army Discharge Review Board denied the applicant’s request for upgrade of his discharge to honorable.

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.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were affected in accordance with applicable law and regulations.

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

3.  The Board noted the applicant’s contention that he wants his discharge upgraded to allow him entitlement to DVA benefits for medical treatment.  However, the Board does not grant relief solely for the purpose of obtaining eligibility for medical treatment.

4.  The applicant’s other contentions were also noted by the Board.  However, the applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.

5.  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.

6.  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

JNS____  LE_____  CHP_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001051557	
SUFFIX		
RECON		
DATE BOARDED	20010329	
TYPE OF DISCHARGE	(BCD)	
DATE OF DISCHARGE	19830225	
DISCHARGE AUTHORITY	AR 635-200 Chapter 3	
DISCHARGE REASON	As a result of a court-martial	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.