MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          23 October 2003    
		DOCKET NUMBER:  AR2003089790

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		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 clemency in the form of a general discharge be granted.

APPLICANT STATES:  That at the time of his discharge he was not offered a treatment program.  The applicant did not provide any evidence in support of his application.

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

The applicant enlisted on 28 February 1979.  He successfully completed basic and advanced individual training and was transferred to Germany for duty as an armor crewman.  He was promoted to staff sergeant on 26 July 1984.

On 11 February 1985, in accordance with his pleas, the applicant was convicted by a special court-martial of distribution of marijuana, possession with intent to distribute marijuana, and violation of a lawful general regulation (possession of drug abuse paraphernalia).  He was sentenced to be discharged from the service with a bad conduct discharge, to be reduced to pay grade E-1, and to be confined for 30 days.  On 8 March 1985, the convening authority approved the sentence.  

On 7 June 1985, the United States Army Court of Military Review affirmed the findings of guilty and sentence.  The bad conduct discharge was ordered executed on 9 January 1986.

Accordingly, the applicant was discharged on 11 February 1986 pursuant to the sentence of a special court-martial.  He was issued a Bad Conduct Discharge Certificate.  He had served 6 years, 9 months and 7 days of total active service with 66 days lost due to confinement.

There is no evidence in the applicant's service personnel records which shows that he was diagnosed with drug abuse or dependency.

Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 3-11 of this regulation states that a soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial.  The appellate review must be completed and the affirmed sentence ordered duly executed. 

Section 1552(f), Title 10, United States Code states that the ABCMR can only review records of court-martial and related administrative records to correct a record to accurately reflect action taken by reviewing authorities under the Uniform Code of Military Justice (UCMJ) or to take clemency action.

Army Regulation 635-200, paragraph 3-7, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently 
meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the soldier’s separation specifically allows such characterization.

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.  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.

2.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was diagnosed with drug abuse or dependency at the time in question.  

3.  The applicant has failed to show through the evidence submitted with his application or the evidence of record that the actions taken in his case were in error or unjust.

4.  The Board determined that a staff sergeant distributing illegal drugs was too serious to grant clemency in the form of a general discharge.      

5.  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

JL_____  MKP_____  AAO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003089790	
SUFFIX		
RECON		
DATE BOARDED	20031023	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19860211	
DISCHARGE AUTHORITY	AR 635-200 Chapter 3	
DISCHARGE REASON	As a result of a court-martial	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.