RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 March 2007
      DOCKET NUMBER:  AR20060012704


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Ernestine I. Fields           |     |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, reconsideration of his earlier
request to set aside his bad conduct discharge and to show he retired due
to length of service based on clemency and erroneous information given to
the previous Board.

2.  The applicant states that he never tested positive for any drugs in
February 1987.  Therefore, in effect, when Army Board for Correction of
Military Records (ABCMR) Docket Number AC94-12940 stated he had tested
positive for marijuana use in February 1987 the Board relied on incorrect
information in determining that he failed to submit sufficient evidence to
warrant setting aside his bad conduct discharge.

3.  The applicant provides a DD Form 293 (Application for the Review of
Discharge from the Armed Forces of the Untied States); one page of a court
order; a 9 September 2003 letter from the Army Center for Substance Abuse
Programs; a two-page Illinois Secretary of State, Vehicle Code Supervision
Information sheet; two character reference letters from the pastors of two
churches; and a DA Form 4856-R (General Counseling Form).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
ABCMR in Docket Number AC94-12940 on 23 April 1997.

2.  The applicant enlisted in the Regular Army on 29 August 1968.  He was
promoted to Sergeant First Class on 17 August 1982.

3.  The Memorandum of Consideration in ABCMR Docket Number AC94-12940
indicated the applicant had tested positive for marijuana in February 1987.

4.  On 27 July 1988, the applicant was convicted, in accordance with his
plea, by a special court-martial of wrongfully using marijuana in the
hashish form.  His approved sentence was a forfeiture of $600.00 pay per
month for three months and a reduction to pay grade E-4.

5.  On 7 October 1988, the applicant was convicted, in accordance with his
plea, by a special court-martial of wrongfully using marijuana in the
hashish form on or
between 18 June 1988 and 18 July 1988.  His approved sentence was a bad
conduct discharge.

6.  On 15 May 1989, the U. S. Army Court of Military Review affirmed the
findings of guilty and the sentence.

7.  On 20 September 1989, the applicant was discharged with a bad conduct
discharge pursuant to his sentence by court-martial.  He had completed over
    20 years of creditable active service with no time lost.

8.  The applicant provided a 9 September 2003 letter from the Army Center
for Substance Abuse Programs.  In that letter, the agency stated a query of
the applicant’s social security number (SSN) through the Army Drug and
Alcohol Management Information System did not reveal any urinalysis drug-
positive information related to his SSN.

9.  Title 10, U. S. Code, section 1552(f) states that, with respect to
records of courts-martial tried or reviewed under the Uniform Code of
Military Justice, the Board's action may extend only to action on the
sentence of a court-martial for purposes of clemency.

DISCUSSION AND CONCLUSIONS:

1.  It cannot be determined where the information that the applicant had
tested positive for marijuana in February 1987, as noted in the previous
Board case, came from.  Nevertheless, whether or not that statement was
based upon incorrect information, the fact remains that, in 1988, the
applicant was twice convicted by court-martial of using marijuana in the
hashish form.  The applicant pled guilty to the charge in both cases.

2.  The fact that an earlier allegation of marijuana use in February 1987
was erroneous could have been (if it was not actually) raised by the
applicant at the time and adjudicated in the court-martial appellate
process.  The apparently erroneous statement (if it is indeed erroneous) is
insufficient to show the Board did not properly conclude that the bad
conduct discharge appropriately characterized the misconduct for which the
applicant was convicted.

3.  Cognizance has been taken of the applicant’s good post-service conduct;
however, it is insufficient to warrant the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__klw___  __cad___  __eif___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AC94-12940 dated 23 April 1997.




                                  __Kenneth L. Wright___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012704                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070327                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |105.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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