MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 November 1999                  
	DOCKET NUMBER:   AR1998010924

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Ms. Celia L. Adolphi 		Member	
	Ms. Karen Y. Fletcher 		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 general discharge (GD) be upgraded to an honorable discharge (HD) and that he be allowed to retire.

APPLICANT STATES:  In effect, that he is deserving of clemency because he continues to suffer the consequences of a GD and the loss of his retirement; that he was punished for his offense by nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, and should not have to suffer the additional punishment of a GD and loss of his retirement; that except for two incidents, he was a good soldier with a good record and, even while undergoing administrative separation actions, he continued to be a good soldier, helping to recover more than $100,000 in lost Government property and train soldiers for deployment to Bosnia; that he received awards and decorations and served in combat; that he was undergoing marital problems; and that his drug use did not impair his ability to serve.  In support of his application, he provides two letters, dated 31 March 1998, and a complete packet of his administrative separation hearing.

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

He enlisted in the Regular Army as a Private First Class on 14 January 1981 with 3 years, 6 months, and 5 days active service in the United States Air Force, and 2 years, 5 months, and 25 days of Reserve service.  His military occupational specialty (MOS) was 68J, Aircraft Fire Control Repairer.  He rose to the rank of Staff Sergeant (E-6) on 6 August 1987

The applicant had a history of disciplinary violations.  On 30 May 1987, he was apprehended and charged with driving while intoxicated at Fort Hood, Texas.  For this offense, he was issued a General Officer Letter of Reprimand (GOLOR). On 21 July 1994, he was administered NJP for the wrongful use of marijuana. When confronted, the applicant lied, denying using marijuana in a sworn written statement.  Later, he acknowledged his guilt and accepted punishment which included a suspended reduction to Sergeant (E-5), forfeiture of $799 per month for 2 months, and 45 days’ extra duty.

In December 1996, the applicant tested positive for marijuana use during a routine unit drug screening.  He was offered and accepted NJP on 6 January 1997.  As punishment, he was reduced to Sergeant (E-5), and made to forfeit $865.00.

On 4 April 1997, the applicant’s commander notified him that he was initiating action to administratively separate him for misconduct under the provisions of Army Regulation 635-200, chapter 14.  The commander recommended an under other than honorable conditions discharge.  The applicant acknowledged notification, consulted with legal counsel, and requested a hearing before a board of officers.  On 19 June 1997, the board of officers met and the applicant appeared with counsel.  After reviewing all of the available evidence, the board recommended that the applicant be discharged for misconduct under the provisions of Chapter 14, AR 635-200 with a GD.  The approving authority approved the board’s recommendation and forwarded the separation packet to Headquarters, Department of the Army (HQDA) where it was reviewed and approved by the Assistant Secretary of the Army for Manpower and Reserve Affairs on 21 August 1997.  In so approving the separation, the Assistant Secretary directed that the applicant not receive any separation pay or other involuntary separation benefits authorized under the provisions of the National Defense Authorization Act of 1991.

On 31 August 1997, the applicant was separated with a GD under the provisions of Chapter 14, AR 635-200 for misconduct.  He had a total of 20 years, 1 month, and 22 days of creditable active service and no lost time.

The applicant petitioned the Army Discharge Review Board (ADRB) seeking a discharge upgrade.  The ADRB, after considering his case on 24 September 1998, denied his request.

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 was a career noncommissioned officer (NCO) with a history of disciplinary violations involving the abuse of alcohol and illegal drugs.  As a soldier, the applicant had a duty to abide by the Army’s policies not to possess or use illegal drugs.  As an NCO, he had a higher duty to set an example for young enlisted soldiers to follow; he violated that duty and compromised the special trust and confidence the Army placed in him as a noncommissioned leader.

3.  The applicant was given a light punishment when he used illegal drugs in 1994; his chain of command did not reduce him and did not process him for administrative separation.  In effect, he was shown clemency and given a second chance.  In December 1996, the applicant threw his second chance away by again using illegal drugs.  In so doing, he knowingly risked his military career and his future retirement.  His excuse about marital difficulties was not then, and is not now, persuasive.

4.  The applicant’s discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with the applicant's overall record of military service.
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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998010924	
SUFFIX		
RECON		
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19970831	
DISCHARGE AUTHORITY	AR 635-200 C14	
DISCHARGE REASON	A60.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	110.0000	
2.	136.0000	
3.		
4.		
5.		
6.