MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            18 September 2001
	DOCKET NUMBER:   AR2001057265

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Karen A. Heinz		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 a general discharge.

APPLICANT STATES:  That he was awarded a Good Conduct Medal (GCMDL) and was a model, loyal and dedicated soldier.  He further states that he has been a productive member of his community and was a productive member of the Army prior to his discharge.  In support of his application he submits several documents relating to his civilian job performance appraisals, college transcripts and course completions, certificates of training, and letters of appreciation received while on active duty. 

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

He enlisted on 4 May 1976 for a period of 3 years and training as a radio operator.  He successfully completed his training and was transferred to Germany on 29 August 1976.  He was advanced to the pay grade of E-4 on 15 August 1977.

Nonjudicial punishment (NJP) was imposed against him on 27 September 1977 for assaulting another soldier.  His punishment consisted of a reduction to the pay grade of E-3 (suspended for 90 days), a forfeiture of pay and restriction.

On 26 December 1978, he was honorably discharged and reenlisted the following day for a period of 6 years and a selective reenlistment bonus (SRB).  He was promoted to the pay grade of E-5 on 27 February 1979.

On 25 June 1980, NJP was imposed against him for operating a motor vehicle in a reckless and wanton manner, failure to go to his place of duty, and the wrongful transfer of controlled items ( 2 bottles of whiskey, a cassette recorder, an equalizer, a tuner and four speakers) to a German National (violation of ration control regulations).  His punishment consisted of a forfeiture of pay.

On 21 August 1980, NJP was imposed against him for failure to go to his place of duty.  His punishment consisted of a reduction to the pay grade of E-4 and a forfeiture of pay.

He departed Germany on 23 February 1981 and was transferred to Fort Bliss, Texas, where he remained until he was transferred back to Germany on 16 April 1982.

On 11 January 1983 the applicant’s commander initiated action to bar the applicant from reenlistment.  He cited as the basis for his recommendation the applicant’s history of writing bad checks (nine checks in 3 months), unpaid debts, drug abuse that was detected through urinalysis and a trend of unsuitability, interests and habits that are a detriment to the maintenance of good order and discipline.  The applicant elected not to submit matters in his own behalf. 

The appropriate authority approved the bar to reenlistment on 14 January 1983.

On 8 February 1983, NJP was imposed against him for two specifications of disobeying a lawful order from a commissioned officer and two specifications of failure to go to his place of duty.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.

On 23 February 1983 he was convicted by a general court-martial of two specifications of wrongful possession of marijuana in the hashish form (50 grams and 97.87 grams) and one specification of wrongful distribution of marijuana (97.87 grams).  He was sentenced to confinement at hard labor for 9 months, forfeiture of all pay and allowances and a BCD.

On 29 December 1983 the Court of Military Review affirmed the findings and sentence of the general court-martial.

Accordingly, he was discharged on 11 January 1984, pursuant to the sentence of a general court-martial.  He had served 4 years, 6 months and 15 days of total active service and had 180 days of 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.  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.  The applicant was properly discharged pursuant to a sentence by a general court-martial with no indication of any violations of any of the applicant’s rights.

3.  The applicant’s contentions and supporting documents have been noted by the Board.  However, they are not sufficiently mitigating when compared to the seriousness of the charges for which he was convicted and his otherwise undistinguished record of service.

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

___jhl___  ___kah __  ___mm__  DENY APPLICATION

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

INDEX

CASE ID	AR2001057265	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/09/18	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1984/01/11	
DISCHARGE AUTHORITY	AR635-200, CH3	
DISCHARGE REASON	GCM/BCD	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  31	105.0100/BCD	
2.		
3.		
4.		
5.		
6.