RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060006937


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Rea Nuppenau                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that clemency be granted in the form
of a general discharge.

2.  The applicant states that he was not afforded rehabilitation prior to
his court-martial.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and a letter, dated 1 May 2006, from
a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 22 November 1988 for a period of 6 years.  He
successfully completed basic combat training and advanced individual
training in military occupational specialty 68F (aircraft electrician).  He
attained the rank of specialist on 1 April 1990.

2.  On 10 October 1990, in accordance with his plea, the applicant was
convicted by a general court-martial of using cocaine.  He was sentenced to
be discharged from the service with a bad conduct discharge.  On 26
November 1990, the convening authority approved the sentence.

3.  On 13 March 1991, the U.S. Army Court of Military Review affirmed the
findings of guilty.  On 13 March 1992, the convening authority ordered the
bad conduct discharge executed.

4.  Accordingly, the applicant was discharged on 24 March 1992 as a result
of a court-martial.  He was issued a bad conduct discharge.  He had served
3 years, 4 months, and 3 days of total active service.

5.  Army Regulation 635-200 sets forth the basic authority for separation
of enlisted personnel.  Chapter 3 of this regulation states that a Soldier
will be given a bad conduct discharge pursuant only to an approved sentence
of a general or special court-martial.  The appellate review must be
completed and the affirmed sentence ordered duly executed.

6.  Section 1552(f), Title 10, United States Code states that the Army
Board for Correction of Military Records 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 or to take clemency action.
7.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently
meritorious to warrant an honorable discharge.  A characterization of under
honorable conditions may be issued only when the reason for the Soldier’s
separation specifically allows such characterization.

8.  Army Regulation 600-85, the version in effect at the time, prescribed
policies and procedures needed to implement and operate the Army Alcohol
and Drug Abuse Prevention and Control Program (ADAPCP).  In pertinent part,
it stated that identification of a drug or alcohol abuser was accomplished
through a variety of methods, including voluntary (self) identification.
Voluntary (self) identification was the most desirable method of
discovering alcohol or other drug abuse.  The individual whose performance,
social conduct, interpersonal relations, or health became impaired because
of the abuse of alcohol or other drugs had the personal obligation to seek
treatment and rehabilitation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant does not indicate what type of “rehabilitation” he should
have been afforded.  However, if he is referring to drug abuse
rehabilitation, he could have referred himself to ADAPCP.

2.  The evidence of record shows the applicant, while serving as an
aircraft electrician, was discharged with a bad conduct discharge for using
cocaine.  As a result, his record was not satisfactory.  The applicant
provides no evidence of post-service conduct so meritorious as to warrant
an upgrade of his bad conduct discharge as a matter of equity.  Therefore,
clemency in the form of a general discharge is not warranted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

CD_____  _JP_____  _RN_____  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.



                                  ___Carmen Duncan______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006937                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |BCD                                     |
|DATE OF DISCHARGE       |19920324                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |As a result of court-martial            |
|BOARD DECISION          |NC                                      |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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