MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             20 April 2000                  
	DOCKET NUMBER:    AR1999031128

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Margaret V. Thompson		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 Under Other Than Honorable (UOTH) discharge be upgraded to fully honorable.

APPLICANT STATES:  That he made a mistake in 1984, but he has grown up since then and has stayed out of trouble.  He now has a family and is disabled.

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

He enlisted in the Regular Army on 5 July 1977, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-5.

On 1 May 1984 the applicant accepted nonjudicial punishment for possession of 1 gram of hashish.  His punishment consisted of a reduction from pay grade E-5 to E-4, a forfeiture of $400.00 a month for 2 months, and extra duties and restriction for 40 days.

On 7 June 1984 his commander notified him of his intent to recommend his discharge for misconduct based on his possession of hashish.  The applicant waived all of his rights, including the right to legal counsel.

The applicant’s commander then forwarded a recommendation that he be discharged based on the commission of a serious offense.  That recommendation was approved and the applicant was discharged UOTHC for misconduct, commission of a serious offense, on 24 August 1984.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant has not claimed that there was any error or injustice in his discharge proceedings nor does the Board see any error or injustice.  The possession of an illegal substance by an noncommissioned officer is a serious offense.

2.  That the applicant has led a law abiding life since his discharge is commendable, but is insufficient in of itself to warrant upgrading his discharge.  
 
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

__wtm___  __rwa___  ___mvt__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031128	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000420	
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.	A67.30	
2.	A92.21	
3.		
4.		
5.		
6.