MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            1 August 2002
	DOCKET NUMBER:   AR2002070479

	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:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 a more favorable discharge.

APPLICANT STATES:  In effect, that he has paid his debt to the Army by accepting the punishment he was given and believes that he has suffered long enough.  He also states that he made some bad choices and mistakes in his life but has learned from his mistakes and has gotten his life on track.  He further states that there were mistakes made in the conduct of his urinalysis that should have been questioned and contends that he should have been afforded treatment for his chemical dependency problem.  In support of his application, he submits a certificate showing his completion of a chemical dependency course, four letters from noncommissioned officers (NCO) and documents related to his urinalysis.

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

He enlisted on 24 January 1989 for a period of 4 years and training as a food service specialist.  He successfully completed his training and was transferred to Germany on 23 June 1989.  He was advanced to the pay grade of E-4 on 1 April 1991.

He completed his tour in Germany on 26 February 1992 and was transferred to Fort Carson, Colorado, where he reenlisted on 15 September 1992, for a period of 3 years. 

On 9 December 1994, he was convicted by a general court-martial of disrespect towards an NCO, dereliction of duty, two specifications of wrongful use of cocaine and one specification of the wrongful use of marijuana.  He was sentenced to a bad conduct discharge, confinement for 6 months, a forfeiture of pay and reduction to the pay grade of E-1.

On 19 January 1996, the United States Army Court of Criminal Appeals affirmed the findings and sentence of the general court-martial.

The sentence having been affirmed, the bad conduct discharge was ordered to be executed on 4 November 1996 and the applicant was discharged pursuant to the sentence of a general court-martial on 18 December 1996.  He had served 7 years and 6 months of total active service and had 145 days of lost time due to imprisonment.

The applicant applied to this Board on 5 February 1999, requesting that his bad conduct discharge be upgraded to a medical discharge so that he could receive treatment for a service-incurred disability.  The Board opined at that time that he had been properly discharged pursuant to a general court-martial conviction; however, the Board determined that his service until 14 September 1992, when he was discharged for the purpose of reenlistment, had been honorable service and warranted a complete and unconditional discharge.  The Board denied his request for further relief.

The documents submitted by the applicant consists of four letters from noncommissioned officers who attest that the applicant was a good soldier and food service specialist.  They all contend that he should have been restored to duty and afforded a second chance.  He also submits a certificate showing his completion of a chemical dependency course on 22 August 2000, documents relating to his conduct while in confinement and an unofficial  copy of a ledger indicating that he had submitted a urinalysis and the names were reversed on the sheet.

Title 10, United States Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

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 effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

2.  The type of discharge directed and the reasons therefore appear to be appropriate considering the available facts of the case.

3.   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.

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

___sac__  __mm___  __tl_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002070479	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/01	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	1996/12/18	
DISCHARGE AUTHORITY	635-200/CH3	
DISCHARGE REASON	GCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  675	144.6800/A68.00/BCD	
2.		
3.		
4.		
5.		
6.