MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 June 1999                    
	DOCKET NUMBER:   AR1998012866

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, Jr.		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:  That his DD Form 214 (report of separation) be corrected to show that he completed his first full term of service.

APPLICANT STATES:  That he reenlisted on 30 December 1996 but block 18 of his DD Form 214 states that he has not completed his first full term of service.

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

He enlisted for 3 years active duty and entered active duty on 1 August 1994.  He was promoted to E-4 effective 1 November 1996.  On 30 December 1996 he reenlisted for 3 years.  He had 2 years, 4 months, and 29 days active service at the time of his reenlistment.

On 2 June 1997 charges were preferred on the applicant for possession, use, and distribution of marijuana.  There is no evidence of record that a court-martial was conducted but the records do show that from 12 June through 6 July he was in military confinement.  On 14 July 1997 a medical examination found him to be qualified for separation with a physical profile of 1.1.1.1.1.2.1.  At a mental status evaluation the applicant's behavior was normal.  He was fully alert and oriented and displayed an unremarkable mood.  His thinking was clear, his thought content normal and his memory good.  There was no significant mental illness.  The applicant was mentally responsible.  He was able to distinguish right from wrong and to adhere to the right.

On 31 July 1997, after consulting with counsel, the applicant acknowledged notification that he was being considered for elimination for misconduct concerning wrongful use of marijuana.  The separation authority approved the recommendation and directed discharge with a general characterization of service.

Effective 22 August 1997 the applicant was separated in grade E-1 under provisions of Army Regulation 635-200, chapter 14.  He had 2 years, 11 months, and 28 Days creditable service and 24 days lost time.  Block 18 (remarks) states that he did not complete his first full term of service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, drug abuse, convictions by civil authorities, desertion or absence without leave.

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.  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 the aforementioned requirement.

2.  The applicant’s first enlistment was for a 3-year active duty commitment that he did not complete when he was involuntarily separated for drug use.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant

3.  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

__jlp___  __tap___  __ewl___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012866	
SUFFIX		
RECON		
DATE BOARDED	19990617	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.