MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 March 2002
	DOCKET NUMBER:   AR2001064413

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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 the lost time be removed from his report of separation (DD Form 214) and that he be pardoned for his special court-martial conviction.

APPLICANT STATES:  In effect, that there is no error or injustice in his case, he simply wants to be forgiven for a mistake he made many years ago and has had to live with.  In support of his application he submits a copy of a request for a pardon that he has submitted to the Office of the Pardon Attorney.

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

He enlisted on 28 February 1972, for a period of 3 years.  He completed his basic training and was transferred to Fort Benning, Georgia to undergo further training and remained there afterwards.  He was advanced to the pay grade of  E-4 on 2 July 1973. 

On 19 October 1973, he was convicted by a special court-martial of selling illegal drugs.  He was sentenced to confinement at hard labor for 3 months, a forfeiture of pay, reduction to the pay grade of E-1, and a bad conduct discharge (BCD).  The convening authority approved the findings of the special court-martial but suspended the BCD for a period of 6 months and directed that unless sooner vacated, the suspended portion of the sentence would be remitted.

Upon release from confinement at the Retraining Brigade at Fort Riley, Kansas, the applicant was restored to duty and was transferred to Fort Jackson, South Carolina.  He remained at Fort Jackson until he was honorably released from active duty on 3 July 1975, due to the completion of his required service.  He had served 2 years, 11 months and 27 days of total active service and had 129 days of lost time due to confinement.

He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) and subsequently to a Troop Program Unit in Columbia, South Carolina, where he reenlisted on at least two occasions.

Title 10, United States Code, section 1552, the authority under which the Board acts, provides, in pertinent part, that the Board can only review records of    court-martial and related administrative records to correct a record to accurately reflect action taken by reviewing authorities under the Uniform Code of Military Justice (UCMJ) or to take clemency action.

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 offense for which he was charged.  Conviction and sentence were effected in accordance with applicable law and regulations, with no indication of any violations of the applicant’s rights. 

2.  The Board cannot under its statutory grant of authority disturb the finality of a court-martial conviction.  Although the board may grant clemency if warranted, the applicant received an honorable discharge and he has failed to show through the evidence submitted with his application or the evidence of record, sufficient evidence upon which any clemency action could be based.  Accordingly, the Board finds no basis to remove his bad time from his DD Form 214.

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

___js____  ___lds __  ___jm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064413	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/03/21	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000/rem der info	
2.		
3.		
4.		
5.		
6.