MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2000
	DOCKET NUMBER:   AR1999032915

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		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 be upgraded to general under honorable conditions.

APPLICANT STATES:  That his previous background was excellent; that he was not given a chance in spite of factual evidence.

In support of his request, the applicant submits copies of a petition for new trial and clemency from his defense counsel, with 14 exhibits consisting of statements from individuals which either petition for clemency or attest to his good character.

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

He enlisted on 26 October 1982 and, after training, was assigned to Fort Hood, Texas.  In October 1984, he was reassigned to Germany.

On 1 August 1986, the applicant was tried and convicted by a general court-martial for wrongful distribution of 100 doses of Lysergic Acid Diethylamide (LSD).  He was sentenced to confinement for 3 years, forfeiture of all pay and allowances, reduction in grade to private E-1, and a dishonorable discharge.  The approved sentence was affirmed upon review.  The Court of Military Appeals denied the applicant’s petition to review the case and the applicant was discharged.

The dishonorable discharge was executed on 29 January 1988 at Fort Leavenworth, Kansas.  The applicant had 3 years, 7 months and 16 days of creditable service and 597 days of time lost.

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 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.

2.  The character references and petitions for clemency submitted by the applicant relate to evidentiary and procedural matters which were finally and conclusively adjudicated in the court-martial appellate process, and furnish no basis for recharacterization of his discharge.

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

__mdm__  __wtm___  ___clg __  DENY APPLICATION

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

INDEX

CASE ID	AR1999032915	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE	DD	
DATE OF DISCHARGE	19880129	
DISCHARGE AUTHORITY	AR635-200 CH3	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.