| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: An upgrade of his discharge be granted based on leniency.
APPLICANT STATES: He indicates that he has no justification for what he did, except that he was young and stupid. Further, he indicates that the sentence of the court-martial was not unfair or unjust, he made a series of bad choices and paid the price for them. He spent 3 years in Fort Leavenworth. He also states he is trying to get his life in order.
EVIDENCE OF RECORD: The applicant's military records show:
During the period 12 November 1986 through 19 January 1987, he served in the Army Reserve Delayed Entry Program.
On 20 January 1987, at age 17, he enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty 76V (Material Storage and Handling Specialist).
During the period 26 May 1987 through 5 May 1988, he served in a unit in Germany.
On 5 May 1988, in consonance with his plea, he was convicted by a general court-martial of three specifications of using marijuana between September 1987 and January 1988; five specifications of distributing marijuana between October and December 1987; and one specification of possessing drug paraphernalia on 22 January 1988. His approved sentence included a dishonorable discharge (DD), confinement at hard labor (CHL) for 5 years, total forfeiture of all pay and allowances, and payment of a fine in the amount of $2,000.
On 5 October 1988, the Army Court of Military Review affirmed the findings and the sentence.
On 17 October 1988, confinement in excess of 3 ½ years was remitted.
On 4 April 1989, his sentence to a DD was ordered executed.
On 5 May 1989, he was discharged with a DD under paragraph 3-10, Army Regulation 635-200, as a result of a court-martial. His separation document indicates he had 1 year and 15 days of creditable service and 1 year, 3 months, and 1 day of lost time.
The maximum punishment for his offense was a DD, CHL for 15 years, and total forfeiture. His sentence was less than the maximum punishment prescribed.
Army Regulation 635-200, at paragraph 3-10, then in effect, provided that a soldier would be given a DD pursuant only to an approved sentence of a general court-martial. The appellate review had to be completed and the affirmed sentence ordered duly executed.
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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is commensurate with the applicant's overall record of military service.
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
_tlp____ __rwa___ __lls___ DENY APPLICATION
| CASE ID | AR2001062571 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020108 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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