MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000
	DOCKET NUMBER:   AR1999034827

	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. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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 be upgraded.

APPLICANT STATES:  That he has a problem preparing his application as he had a head trauma which resulted in memory loss and seizures.  He served 
8 months in Leavenworth and has been in no trouble in over 24 years.

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

He enlisted on 15 June 1972 and, after training, was assigned to Germany.

On 10 July 1972, while in basic training, the applicant was administered nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for breaking restriction.

While serving in Germany, the applicant was administered NJP three times:  on 16 January 1973 for departing his place of duty without proper authority and failing to obey a lawful order; on 6 April 1973 for wrongfully possessing hashish; and on 6 June 1973 for failing to report to his appointed place of duty.

On 16 January 1975, the applicant was tried by a general court-martial and found guilty of wrongfully possessing 5.21 grams of amphetamines, and attempting to sell 5.21 grams of amphetamines.  He was sentenced to confinement at hard labor for 8 months, forfeiture of all pay and allowances, reduction in grade to private (E-1), and a bad conduct discharge.  The approved sentence was affirmed upon review.

The bad conduct discharge was executed on 25 July 1975 at Fort Leavenworth, Kansas.  The applicant had 2 years and 6 months of creditable service and 
221 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.  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.

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

__rjw___  __js_____  __ra_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999034827	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19750725	
DISCHARGE AUTHORITY	AR635-200 CH11	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	142.00	
3.		
4.		
5.		
6.