MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           5 September 2002                  
	DOCKET NUMBER:   AR2002074857

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Melvin H. Meyer		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 his Bad-Conduct Discharge (BCD) be corrected to fully honorable.

APPLICANT STATES: In effect, that the stupid actions he did hurt him the rest of his life.  He indicates he would love to say that he has an honorable discharge from the Army.  He let the Army down by his stupid actions.  He served over 
3 years faithfully and achieved any good things (awards, etc.).  The last 
6 months are now costing him his whole life.  He’s proud to say he served the United States Army.  He just hopes the Army can say they’re glad he served.  Since his discharge, he has been doing great (no trouble) thanks to the discipline the Army showed him.

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

During the period 26 March to 30 August 1990, the applicant served in the Army Reserve Delayed Enlistment Program.

On 31 August 1990, he enlisted in the Regular Army.  

On 1 September 1992, he was advanced to pay grade E-4.

On 15 July 1993, he was awarded the Good Conduct Medal for the period 
31 August 1990 to 30 August 1993.

On 15 June 1995, he was convicted consistent with his pleas by a General Court-Martial for conspiracy to possess, with the intent to distribute, marijuana, and desertion of 23 August 1994 until he was apprehended on 23 April 1995; and of wrongful possession of marijuana with intent to distribute on 17 April 1994.  His approved sentence included a reduction to pay grade E-1, a BCD, forfeiture of all pay and allowances, and confinement for 12 months and 1 day.

On 2 November 1995, the United States Army Court of Criminal Appeals affirmed the finding of guilty and the sentence.

On 31 January 1996, the applicant voluntarily requested excess leave without pay and allowances pending completion of the appellate review.  During the period 31 January to 20 June 1996, the applicant was on excess leave.

On 20 June 1996, he was discharged with a BCD under Army Regulation 635-200, chapter 3, based on the result of a court-martial conviction.  His separation document indicates he had 4 years, 4 months and 4 days of creditable service and 442 days of lost time.

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 3-7 provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

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 applicant’s contention that he was stupid at the time is self-serving and is not sufficiently mitigating to warrant relief.  

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

_CLA___  _MHM___  _JTM___   DENY APPLICATION

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

INDEX

CASE ID	AR2002074857	
SUFFIX		
RECON		
DATE BOARDED	20020905	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.