MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           11 February 1999                  
	DOCKET NUMBER:   AR1998012707

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

	Mr. Loren G. Harrell		Director	
	Ms. Wanda L. Waller		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his separation code and reentry (RE) code on his DD Form 214 be changed.   

APPLICANT STATES:  That he was informed at the time he was out processing from the Army that he would be ineligible for reenlistment for a period of 2 years, not barred from reenlisting for life.  In support of his application, he submits a copy of his statement of options/rights pertaining to his administrative separation. 

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

After serving 1 year, 2 months, and 14 days in the USAR he enlisted in the Regular Army on 4 October 1990 for a period of 5 years and training as a plumber.  He was advanced to the pay grade of E-4 on 11 June 1992.

On 5 April 1994, while stationed at Fort McClellan, Alabama, nonjudicial punishment was imposed against the applicant for using marijuana which was detected by urinalysis.  His punishment consisted of a reduction to pay grade E-3 (suspended), a forfeiture of pay and 14 days of extra duty and restriction (suspended).

The applicant was referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) by his command as a result of the positive urinalysis for marijuana.  Subsequently, he refused treatment and the ADAPCP recommended that he be administratively separated from the service.

The applicant underwent a mental status evaluation and medical examination and was found qualified for separation. 

The applicant’s commander initiated a recommendation to separate him from the service under the provisions of Army Regulation (AR) 635-200, chapter 14, paragraph 14-12c(2), for misconduct.  He recommended that the applicant be separated with a general discharge and based his recommendation for separation on the applicant’s abuse of illegal drugs and refusal of counseling.

After consulting with counsel, the applicant elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation and directed that he be issued a general discharge.

Accordingly, the applicant was discharged on 17 June 1994 under the provisions of AR 635-200, chapter 14, paragraph 14-12c(2), for misconduct.  He had served 4 years and 6 days of total active service and was issued an RE code of RE-4.

On 20 June 1995 he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge based on his length of service (Reserve and Regular Army) and no other disciplinary action prior to the drug incident.  On 10 February 1997 the ADRB upgraded his discharge to honorable and determined that the reason for separation was proper and equitable.  

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment processing into the Regular Army and the USAR.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes.

RE-4 indicates that a person is not qualified for continued Army service by virtue of being separated from the service with a nonwaivable disqualification such as drug or alcohol abuse.

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.  The applicant was properly discharged in accordance with applicable regulations with no indication of any of the applicant’s rights.

2.  The separation authority, separation code, RE code, and narrative reason for separation used in the applicant’s case are correct and were applied in accordance with the applicable regulations.

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the separation code and RE code issued to him were in error or unjust.

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

__inw___  _vbc____  __cjs___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12697/AR1998012707	
SUFFIX		
RECON	 	
DATE BOARDED	1999/02/11	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  110.020		
2.  100.030		
3.		
4.		
5.		
6.