MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            12 August 2003
	DOCKET NUMBER:   AR2003086700

	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. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones		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 in a war zone and the trauma he suffered resulted in his using drugs to forget what was happening around him and to calm him down.  He states that he has since turned his life around and would like his discharge upgraded.  In support of his application, he submits a letter from the Administrative Assistant of the Windsor Village United Methodist Church dated 8 March 2002, indicating that he and his wife have been members of the church for several years.  He also submits a letter dated 17 December 2001, from his current employer indicating he has been employed with the company for 15 years and that he is an outstanding employee.

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

On 7 January 1971, he enlisted in the Army in San Antonio, Texas, for 3 years, in the pay grade of E-1.  He successfully completed his training as a switchboard operator.

He was promoted to the pay grade of E-2 on 31 March 1971.  On 12 May 1971, he was transferred to Vietnam.  He was promoted to the pay grade of E-3 on 8 June 1971 and to pay grade E-4 on 10 October 1971.

On 6 December 1971, nonjudicial punishment was imposed against the applicant for two incidents of failure to report to his prescribed place of duty.  His punishment consisted of a forfeiture of pay.

On 10 March 1972, the applicant was convicted, pursuant to his plea, by a general court-martial of wrongfully having in his possession 5.40 grams, more or less, of heroin.  He was sentenced to a BCD, confinement at hard labor for 10 months, a reduction to the pay grade of E-1 and a forfeiture of all pay and allowances.

On 9 May 1972, the convening authority approved only so much of the sentence as provided for a BCD, confinement hard labor for 9 months, a reduction to the pay grade of E-1 and a forfeiture of pay in the amount of $192.00 per month for 6 months.

The United States Army Court of Military Review affirmed the findings and sentence as amended by the convening authority on 3 August 1972.  On 14 September 1972, the United States Court of Military Appeals denied the 

Petition for Review of the applicant’s case.  Accordingly, on 16 October 1972, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 11 as a result of a general court-martial conviction.  He had completed 1 year and 26 days of total active service and he had approximately 257 days of lost time due to confinement.  He was issued a Bad Conduct Discharge.

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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  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.

3.  The Board has noted the applicant’s contentions.  However, there is no evidence of record that supports his contention that he was suffering from any trauma sufficient enough to warrant the use of illegal drugs.  

4.  In regard to the letters of character that he submitted in support of his application; the Board commends the applicant on his post-service conduct.  However, his post-service conduct is not sufficiently mitigating to warrant the relief requested.

5.  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.

6.  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

___tsk __  __wdp___  ___fcj ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086700	
SUFFIX		
RECON		
DATE BOARDED	2003/08/12	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19721016	
DISCHARGE AUTHORITY	AR 635-200, CH 11 	
DISCHARGE REASON	675	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  678	144.6803/GCM CONVICTION/DRUGS	
2.		
3.		
4.		
5.		
6.