MEMORANDUM OF CONSIDERATION

           IN THE CASE OF:   

	BOARD DATE:           25 February 1999                   
	DOCKET NUMBER:   AC98-12635
                                              AR1998014216

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Samuel Calderon		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 the narrative reason for his discharge be changed and his general discharge be upgraded to fully honorable.  He also requests that he be allowed to continue his service in the National Guard. 

APPLICANT STATES:  That he is a corrections officer and has lived a drug-free life with his wife.  He states that he went through drug screens for a year in order to obtain employment as a corrections officer.  He also states that while in the Army he was his unit’s NCO of the year and served as the unit drug and alcohol coordinator.  He submits copies of laboratory reports from Drugscan Medical and Forensic Toxicology Services, Warminster, Pennsylvania, dated 5 June 1995, 
6 June 1996, and 13 November 1997, all showing negative results for use or abuse of illegal drugs or controlled substances.  For these reports, he submitted urine specimens for testing on 1 June 1995, 5 June 1996, and 11 November 1997.  

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

The applicant enlisted in the Regular Army on 1 February 1985.  He was discharged in the rank of sergeant (E-5) on 31 August 1993 under the provisions of Army Regulation 635-200, paragraph 16-8, due to a reduction in authorized strength and received an honorable discharge.  He had served 8 years, 
10 months, and 6 days of total active service.

The applicant enlisted in the Pennsylvania Army National Guard (PAARNG) on 21 December 1993 in the rank of sergeant (E-5) and was discharged under honorable conditions on 5 December 1996 in pay grade E-5.   

The applicant’s discharge packet is missing from his military records; however, his separation document (NGB Form 22) shows he was administratively discharged under the provisions of National Guard Regulation 600-200, paragraph 8-26q for misconduct-abuse of illegal drugs.  He had served 2 years, 11 months, and 15 days of total service with the (PAARNG) during that period and had 1 year, 5 months, and 25 days of prior reserve service.   

National Guard Regulation 600-200 provides for the separation of enlisted personnel of the Army National Guard.  Chapter 8 establishes policy and procedures for separating members for the abuse of illegal drugs and provides that service members in grades E-5 through E-9, against whom charges will not be referred to a court-martial authorized to impose a punitive discharge, or against whom other separation action will not be initiated, will be processed for separation.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the soldier’s overall record.

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.  Lacking evidence to the contrary, administrative regularity is presumed in the applicant’s administrative separation from the National Guard for misconduct -abuse of illegal drugs.  The type of discharge directed and the reasons therefor are also presumed to be appropriate.  

2.  The applicant submitted independent laboratory reports which show that on 
1 June 1995 and 5 June 1996, while serving in the PAARNG and once following his discharge from the PAARNG, he provided urine specimens which tested negative for abuse of illegal drugs.  However, these tests do not refute the possibility that the applicant tested positive on some other day(s) while serving in the PAARNG.  

3.  The Board notes that the applicant was discharged from the PAARNG in December 1996, more than 6 months after the independent test of 5 June 1996.  He has submitted no evidence to show he was drug-free on dates closer to his separation date.  It is very possible that he could have tested positive during this 6-month just prior to his discharge, resulting in his discharge for misconduct – abuse of illegal drugs.  On any given day an individual may test positive for drugs and on the next day test negatively.  Unless drugs are reintroduced into the body, the evidence dissipates.  

4.  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.

5.  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

____X____  ____X____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12635/AR1999014216	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990225	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1996/12/05	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	 34.04	
2.		
3.		
4.		
5.		
6.