MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            16 August 2001
	DOCKET NUMBER:   AR2001056311

	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	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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:  In effect, that his bad conduct discharge (BCD) be upgraded to under honorable conditions.

APPLICANT STATES:  In effect, that he has completely changed his life for the better since his court-martial and discharge.  He is married and has twin stepdaughters, whom he has taken care of for the past 5 years.  He has provided them a stable home life.  He further contends that he has been employed since 1994, has a clean police record, and has not participated in any narcotic activity since leaving the military.  He admits that he was wrong, but feels he deserves an upgrade of his discharge.  In support of his application he provides copies of support letters from his family, his employer, and associates.  He has provided a copy of his credit report and police check, as well as his previous honorable discharge documents, awards, letters of commendation, training certificates, performance evaluations, and other military personnel documents.

COUNSEL CONTENDS:  That the applicant has paid his debt to society and now asks this Board to upgrade his discharge to under honorable conditions.

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

He enlisted in the Army on 7 September 1976 for 3 years.  He successfully completed his initial training, to include basic airborne training, and was assigned for duty as an automatic rifleman (11B).  He served with the 82nd Airborne Division, Fort Bragg, North Carolina from February 1977 to October 1979; with the 4th Battalion, 20th Infantry, in Panama, from October 1979 to November 1982; and with the Headquarters Commandant, Fort Dix, New Jersey from December 1982 to February 1985.

On 22 March 1979 the applicant, who had attained the rank of specialist four, was honorably discharged for the purpose of immediate reenlistment on 
23 March 1979 for 3 additional years.  He was subsequently promoted to sergeant, E-5 on 3 August 1983.

On 8 February 1985, the applicant was convicted by a general court-martial (GCM) of wrongful distribution of cocaine on 19 June and 16 August 1984.  The sentence included a reduction to private E-1, 4 months confinement at hard labor, and a BCD.  On 25 March 1985, the convening authority approved the sentence, but suspended a portion of the 4 months of confinement at hard labor for 6 months.  The sentence was affirmed on appellate review on 13 June 1985.

Accordingly, on 23 December 1985, the applicant was discharged and issued a BCD Certificate.  He completed 9 years and 2 months of creditable active service and had 46 days lost time due to confinement.

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 applicant’s trial by GCM was warranted by the gravity of the offenses charged.  His 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 applicant acknowledged his guilt of the GCM charges but has not offered any mitigating evidence or argument that would warrant upgrade of his discharge.

3.  While the applicant’s good post service conduct is commendable, it is not sufficient to warrant an upgrade of his discharge, considering his overall record of service and the seriousness of the misconduct.

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

__  JH __  __TFB  __  __JTM  __  DENY APPLICATION

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

INDEX

CASE ID	AR2001056311	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010816	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19851223	
DISCHARGE AUTHORITY	AR 635-200, CHPT 3	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A68.00	
2.		
3.		
4.		
5.		
6.