MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           19 SEPTEMBER 2002                   
	DOCKET NUMBER:   AR2002071493

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Robert E. Blakely		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 be upgraded.

APPLICANT STATES:  The applicant makes no statement. His mother stated that the applicant loved the Army but stopped caring about everything after his wife gave birth to a baby that was not his and his marriage dissolved.  His mother indicated that she was sick, that her son lived with her, and that she wants to know that he will be able to received treatment from the VA.  He submits no evidence.

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

He entered active duty on 29 December 1980.  He was 20 years old and had 12 years of formal education.  His GT (general technical) score was 99.  He completed basic and advanced individual training.  He was initially assigned to Fort Sill, Oklahoma where he attained pay grade E-3 and received one letter of appreciation.

In August 1982 he was assigned to an armor division in Germany.  He received a letter of commendation in September 1982 and was promoted to pay grade E-4 on 16 November 1982.  

In June 1984 he was convicted by a general court-martial of wrongful distribution of 16.45 grams of marijuana in the hashish form and wrongful use of marijuana.  His sentence included reduction to pay grade E-1, 4 years confinement, and a bad conduct discharge.  The sentence was adjudged on 7 June 1984 and approved on 27 July 1984.

On 26 November 1984 the United States Army Court of Military Review affirmed the findings of guilty and the sentence.  On 25 January 1985 the United States Court of Military Appeals denied the applicant's petition for grant of review.

The applicant's bad conduct discharge was executed on 11 March 1985.  During his military service he was awarded two weapon qualification badges and the Army Service Ribbon.

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.  There is no evidence, and the applicant has not provided any, that his discharge was in error or unjust.  He has submitted no evidence which would serve as a basis to upgrade his discharge as a matter of equity.

2.  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 that requirement.

3.  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 __  __MMD __  __REB __  DENY APPLICATION

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

INDEX

CASE ID	AR2002071493	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020919	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.