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Decision Text

ARMY | BCMR | CY1990-1993 | 9307635
Original file (9307635.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his dishonorable discharge (DD) be upgraded.

APPLICANT STATES : Nothing.

COUNSEL CONTENDS : NA

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

He was born on 24 October 1950 and enlisted in the Regular Army for 4 years on 22 August 1979. Following completion of the required military training, he was assigned to a field artillery unit in Germany, with duty as a cannoneer.

While in Germany, the applicant was introduced to undercover drug suppression team (DST) members. On divers dates, he wrongfully possessed, transferred, and sold quantities of illegal drugs to the DST, to wit: lysergic acid diethylamide (LSD), and marijuana in the hashish form. He was apprehended and court-martial charges were preferred against him.

The applicant was tried before a general court-martial on 21 August 1981. Contrary to his pleas of not guilty, he was found guilty of all charges and specifications and sentenced to reduction to private, total forfeiture of all pay and allowances, 5 years’ confinement at hard labor, and a DD.

The applicant was transferred to the United States Disciplinary Barracks, Fort Leavenworth, Kansas, where he served his sentence. His discharge was executed on 18 November 1982. He had 1 year, 11 months, and 29 days of creditable active service and 1 year, 2 months, and 27 days of lost time due to confinement.

The Military Justice Act of 1983 (Public Law 98-209), provides, in pertinent part, that military correction boards may not disturb the finality of a conviction by court-martial

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. 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.

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

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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