| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Lester Echols | Member | |
| Ms. Yolanda Maldonado | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his bad conduct discharge be upgraded to general under honorable conditions.
2. The applicant states that he tried to do his best while in the Army. He was assigned to Germany in pay grade E-4 with two years of service, and two years left. Prior to that assignment, his service was without blemish. Subsequent to his assignment in Germany, he was recommended for promotion, and was promoted to acting sergeant. He received citations and the Good Conduct Medal. He sent for his wife and daughter. He and his wife had problems and he became involved with drugs. His heroin use caused him to neglect his family and his duties. He was afraid to get help. He loved the Army and felt that he could resolve his problems. When he was arrested he knew that his military career was over. He has only himself to blame. He is embarrassed that he let the Army down. He has proved to be an outstanding citizen, a family man, and is gainfully employed. He is not involved with drugs. He is involved in his community.
3. The applicant provides letters from seven individuals all of whom attest to the applicant's good character, his sense of responsibility, his industriousness, his honesty, and his dependability.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records are not available; however, his records were summarized in a previous consideration of his case by the Army Board for Correction of Military Records on 29 March 1995 in Docket Number AC93-08001. The Board on that date acted jupon the applicant's request that his bad conduct discharge be upgraded to honorable. That case indicated:
•
The applicant enlisted in the Army on 15 October 1981 for 4 years, completed training, and was assigned to Fort Lewis, Washington, where he was promoted to pay grade E-4. He was reassigned to Germany on 1 November 1983.
•
On 21 July 1985 while driving a car in a drug trafficking area he was stopped by Germany police officers. A search of his vehicle revealed two disposable syringes, a plastic badge containing 3.14 grams of marijuana, .875 grams of heroin, a smoking device with marijuana residue, and a letter scale. He was charged with violating the German narcotics law and was released to the custody of the military police.
•
Arriving at the military police station, he refused to give up his rights and was returned to his unit of assignment. On 22 July 1985 he waived his rights under Article 31, Uniform Code of Military Justice, and made a statement to his company commander, admitting his use and purchase of illicit drugs.
•
Before a general court-martial which convened on 18 December 1985, the applicant was arraigned, tried, and pled guilty to wrongfully possessing drug paraphernalia, wrongfully possessing a pipe containing marijuana residue, wrongfully possessing heroin, and wrongfully possessing marijuana. The sentence imposed consisted on a bad conduct discharge and confinement for 6 months. The sentence, except for the execution of the bad conduct discharge pending appellate review, was approved by the convening authority on 26 February 1986.
•
On 12 November 1986 the Army Court of Military Review modified the findings of the general court-martial by setting aside the charge of possession of drug paraphernalia and combining it with the charge of wrongful possession of a pipe containing marijuana residue and by setting aside the charge of wrongful possession of marijuana and combining it with the charge of wrongful possession of heroin. Nonetheless, the court affirmed the sentenced imposed. On 12 March 1987 the United States Army Correctional Activity directed that the bad conduct discharge be executed. Accordingly, on 24 March 1987 the applicant was discharged with a bad conduct discharge.
•
The applicant applied to this Board (date unknown), requesting that his bad conduct discharge be upgraded to honorable, stating that his court-martial conviction was based on illegally obtained evidence; that he was never informed of his rights; that the Army was partly responsible for the deterioration of his life pattern; that if he had known the full impact of a bad conduct discharge, he would have taken another outlet for his frustrations than the use of drugs; and that the sentence was too harsh. On 29 March 1995 the Board denied his request.
2. The applicant has not submitted any new evidence for the Board's consideration.
DISCUSSION AND CONCLUSIONS:
1. The applicant's trial by court-martial was warranted and his conviction and discharge were effected in accordance with applicable laws and regulations. His bad conduct discharge was proper.
2. The applicant has changed his tune considerably from that indicated in his initial application to the Board. He is not now blaming the Army for his downfall, but is accepting responsibility for his misconduct. Nevertheless, and notwithstanding the applicant's contentions of good post service conduct, and the expressions voiced on his behalf of his good character, integrity, and responsibility, those factors, individually or in sum, do not warrant the relief requested.
3. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
BOARD VOTE:
________ ________ ________ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
__AAO__ __LE____ __YM ___ DENY APPLICATION
| CASE ID | AR2003091501 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20040127 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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