MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 March 2000                   
	DOCKET NUMBER:   AR1999033982

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Barbara J. Ellis		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Ernest W. Lutz, Jr.		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 conviction by court-martial in 1980 be expunged from the records.

APPLICANT STATES:  That the conviction was obtained based on and the acceptance of false and biased testimony.  The arresting officer, who was the military’s key witness, was subsequently arrested and convicted.  No supporting evidence is provided.

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

He enlisted in the Regular Army on 15 November 1971.  

On 18 December 1980, the applicant was convicted by a special court-martial of possessing marijuana.  One previous conviction was considered.  He was sentenced to confinement at hard labor for 6 months.  

Upon the applicant’s release from confinement he was discharged with a general discharge under honorable conditions.

Title 10, U. S. 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.  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 the aforementioned requirement.

2.  The Board concludes from the available evidence that the applicant’s trial by special court-martial was warranted by the gravity of the offense charged and conviction was effected in accordance with applicable law and regulations.

3.  Title 10, U. S. code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.  The applicant’s recourse is to file an appeal to a Federal Court of competent jurisdiction.

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

__bje___  __hof___  __ewl___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033982	
SUFFIX		
RECON		
DATE BOARDED	20000330	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.01	
2.		
3.		
4.		
5.		
6.