MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 October 2002                  
	DOCKET NUMBER:   AR2002070880

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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 discharge be upgraded. 

APPLICANT STATES:  In effect, that following his return to the United States, after the Persian Gulf War, he started using drugs to cope with the affects of being in the line of fire during the Persian Gulf War and was found guilty of distribution of drugs.  He believes that his prior honorable discharge and his service in the Persian Gulf outweigh his single offense.  He states he needs the upgrade to allow him to receive medical care from the Department of Veterans Affairs (VA) for conditions that arose from his service in the Persian Gulf War.  

EVIDENCE OF RECORD:  The applicant's military record shows:

The applicant entered active duty on 10 October 1987, and was advanced to private first class (PFC) (E-3) on 1 July 1988.

Although there is no documentation to show why he was reduced, there is a DA Form 4187 (Personnel Action) showing that he was reduced from PFC to private (PVT1) (E-1), effective 24 May 1989.

Subsequent entries show that he was advanced to private (E-2), effective 1 November 1989; to PFC, effective 1 May 1990; and to specialist (E-4), effective 1 January 1991.

He was awarded the Good Conduct Medal in September 1990 and reenlisted on 24 August 1991 as a specialist (E-4).

His record also shows that he served in Southwest Asia from 30 October 1990 through 17 April 1991, as a Material Storage and Handling Specialist.

His records show his awards and decorations as: the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal with 3 bronze service stars and the Kuwait Liberation Medal.  The highest grade he attained was specialist (E-4).  

Although the record does not contain a transcript of the general court-martial, it does show that the applicant was arrested on 19 August 1991 for distribution of a controlled substances.

At a general court-martial proceeding, on 10 October 1991, the applicant pled guilty to two counts of distribution of cocaine.  He was sentenced to 20 months confinement, forfeiture of all pay and allowances, reduction to pay grade E-1, and to receive a bad conduct discharge (BCD).  The separation authority approved the sentence as adjudged, except for the execution of the BCD.

In accordance with Headquarters Fort Hood General Court- Martial Order Number 68, dated 17 November 1992, the applicant's sentence was affirmed and since Article 71(c) Uniform Code of Military Justice had been complied with, it was directed that the BCD be executed.  

The applicant was separated, on 2 December 1992, with a bad conduct discharge.  He had 3 years, 10 months, and 6 days of creditable service with 472 days lost due to confinement.

The statutory authority under which this Board was created (Title 10, United States Code, section 1552, as amended) precludes any action by this Board that 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 general court-martial was warranted by the serious nature of the offenses charged, the conviction is final and the sentence is commensurate with the misconduct of which the applicant was convicted.

2.  Notwithstanding the applicant's prior honorable service and his service in the Persian Gulf War, the Board does not find that his service was so meritorious as to outweigh the offenses that resulted in his general court-martial conviction and bad conduct discharge.

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

_FNE ___  ___SLP__  ___EJA _  DENY APPLICATION

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

INDEX

CASE ID	AR2002070880	
SUFFIX		
RECON		
DATE BOARDED	20021022	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.