PROCEEDINGS

	IN THE CASE OF:       .

	BOARD DATE:            28 January 1999                  
	DOCKET NUMBER:    AR1998013210

	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. Loren G. Harrell		Director	
	Mrs. Carolyn G. Wade .		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Robert W. Garrett		Member	
	Mr. Curtis L. Greenway		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests in effect, that his undesirable discharge be upgraded to honorable.

3.  The applicant states in effect, that he was falsely accused; that the lab report verified that he was not smoking marijuana; and that racism and prejudice played a part in his discharge.

4.  The applicant’s available records indicates that on 29 May 1952 the applicant enlisted in the Regular Army for 3 years.  He successfully completed basic combat training at Fort Jackson, South Carolina and advanced individual training (AIT) at Fort Benning, Georgia.  Upon completion of AIT he was awarded military occupational specialty (MOS) Airborne, and was assigned to Fort Bragg for his first permanent duty station.

5.  The applicant’s unit was deployed to Japan.  While serving in Japan the applicant was charged with possession and use of marijuana.  He was returned to the United States for discharge processing.

6.  On 9 September 1954 the applicant was discharged with an undesirable discharge under the provisions of AR 615-368 for personal drug use.

7.  Army Regulation 615-368, in effect at the time provided the authority for discharging enlisted personnel for unfitness.  Separation action was to be taken when the commander determined that the best interest of the service would be served by eliminating the individual concerned.  An undesirable discharge was normally considered appropriate.

CONCLUSIONS:

1.  The applicant’s record is void of some of the facts and circumstances concerning events that led to his discharge from the Army.  However, it did contain a properly constituted Certification of Military Service.  This document identifies the service dates, branch of service, rank at the time of discharge and characterization of the discharge.  Government regularity is presumed in the discharge process.

2.  Under Department of Defense Memoranda of 7 July and 13 August 1971, the latter sometimes known as the Laird Memorandum, administrative discharges under other than honorable conditions, issued solely on the basis of personal use of drugs, or possession of drugs for the purpose of such use, will be reviewed for recharacterization; that under such policy, each Secretary of a military department is authorized to issue a discharge under honorable conditions upon establishment of facts consistent with this policy.  In a memorandum dated 28 April 1972, the Department of Defense expanded this policy to include review of punitive discharges and dismissals resulting from prior approved sentences of courts-martial.  The policy was applicable only to discharges that were executed on or before 7 July 1971, or issued as a result of a case in process on or before 7 July 1971.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by upgrading the applicant’s character of service to honorable.

2.  That the Department of the Army issue the applicant a new DD Form 214 that reflects that the characterization of service has been changed to honorable.

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__LLS______  ___RWG_____  __CLG______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11104	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19540909	
DISCHARGE AUTHORITY	AR615-368	
DISCHARGE REASON	Personal Drug Use	
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.9439		
2.		
3.		
4.		
5.		
6.