MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 August 2002                  
	DOCKET NUMBER:   AR2002072445

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Curtis L. Greenway		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 dishonorable discharge (DD) be upgraded to honorable

APPLICANT STATES: That he “never did anything dishonorable on duty.”  He “was a good soldier, 18 yrs. old, coerced into committing crime that was not of my doing.”  He indicates he is the father of four and about to become a grandfather.  That it has been 30 years since the snafu.  He has had no legal problems since then.  He is a good citizen.

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

He was born on 5 November 1954.

On 21 July 1972, the applicant enlisted in the Regular Army for four years and a cash bonus.  He completed his required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was advanced to pay grade E-2 effective 21 November 1972.

On 19 December 1972, he was arrested in Los Angles, California for possession of marihuana.  The disposition of the case is not in the available records.

On 10 April 1973, he was administered non-judicial punishment (NJP) under Article 15, Uniform Code of Military Justice for being absent without leave for the period 21 March to 9 April 1973.  His punishment included a reduction to pay grade E-1 (suspended) and a forfeiture of pay (suspended).

On 10 August 1973, he was administered NJP for violation of a lawful general regulation by owning a vehicle with expired tags and parking in a loading zone.  (His punishment included restriction (suspended), extra duty and a forfeiture of $25 pay.

On 24 September 1973, he was administered NJP for his failure to go to his appointed place of duty on 15 September 1973.  His punishment was extra duty, restriction, a forfeiture of $71 pay (suspended) and a reduction to pay grade E-1 (suspended).

On 31 January 1974, he was convicted pursuant to his guilty peas by a General Court-Martial of possession of marihuana o/a 10 October 1973; possession of heroin o/a 21 October and 23 October 1973; and selling heroin o/a 21 and        23 October 1973.  His sentence included a dishonorable discharge, forfeiture of all pay and allowances, confinement at hard labor for 3 years and reduction to pay grade E-1.

On 23 December 1974, the United States Court of Military Appeals denied his petition for a grant of review.

On 13 January 1975, a physical examination cleared the applicant for discharge.

On 11 February 1975, he was dishonorably discharged as a result of his court-martial conviction.  His separation document indicates he had 1 year, 2 months and 7 days of creditable service and 494 days of lost time.

On 3 December 1975, The Army Clemency and Parole Board remitted the unexecuted portion of the sentence to confinement and denied parole. 

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

The statutory authority under which this Board was created (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 offense charged and the applicant’s previous NJPs.  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’s contention that he was young and coerced into committing crime at the time is self-serving and is not sufficiently mitigating to warrant relief.  

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

_MMD____  _RWA____  __RWA___ DENY APPLICATION

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

INDEX

CASE ID	AR2002072445	
SUFFIX		
RECON		
DATE BOARDED	20020820	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY 	
REVIEW AUTHORITY		
ISSUES         1.	144	
2.		
3.		
4.		
5.		
6.