MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  14 March 2002
	DOCKET NUMBER:  AR2001062599

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. 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:  In effect, that his bad conduct discharge (BCD) be upgraded to a separation by reason of physical disability.

APPLICANT STATES:  That he has been on medication since 1987, in psychiatric wards, and in jail.  He states he is bi-polar.

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

That he served an enlisted tour of duty in the Army Reserve from 6 March 1980 through 21 May 1985.  He enlisted in the Navy on 24 May 1985 and was discharged on 16 July 1985, with an entry level separation by reason of erroneous enlistment.

On 26 November 1985, he enlisted in the Regular Army as a Private, pay grade E-1.  After completing advanced individual training for the military occupational specialty 13M, multiple launch rocket system crewman, he was assigned on 
26 February 1986, to C Battery, 1st Battalion, 76th Field Artillery, in Germany.  
He was advanced through the ranks to Private First Class, pay grade E-3, on 
9 July 1986.

On 20 February 1987, the applicant was given a special court-martial by Headquarters, 1st Armored Division, in Germany, and found guilty of disobeying the lawful order of an officer, disrespectful language to a noncommissioned officer, wrongful possession of 3 grams of marihuana, wrongful use of marihuana, and wrongful distribution of marihuana on two or three occasions.  
By pretrial agreement, the applicant was sentenced to a BCD, confinement for 
75 days, and forfeiture of $438 per month for 3 months.  He was granted excess leave from 30 March 1987 through 14 December 1987, when he was issued a BCD, under other than honorable conditions, as a Private, pay grade E-1, with 
1 year, 10 months, and 11 days active service for this period of service.  There are no medical records or separation physical available in the record.

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.  The applicant was properly and justly discharged with a BCD as a result of a court-martial.  There is no evidence to support the applicant’s request that he was entitled to separation by reason of physical disability.

2.  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___  ___wm___  ___ra_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001062599	
SUFFIX		
RECON		
DATE BOARDED	20020314	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19871214	
DISCHARGE AUTHORITY	UCMJ, SPCM	
DISCHARGE REASON	SPCM	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108 – Disability Discharge	
2.		
3.		
4.		
5.		
6.