MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           24 November 1998                   
	DOCKET NUMBER:   AC98-11113

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		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 under other than honorable conditions discharge be upgraded to general under honorable conditions.

APPLICANT STATES:  That the Army was his first experience away from home. He began using drugs and tried to get help from his chain of command.  He contends that they did not provide the help he needed and his problem got worst.  He was discharged for drug abuse.  He further contends that since then he has lived a drug-free life.  He is involved in the local YMCA, and school programs, finding much happiness from serving the community and his family.

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

He enlisted in the Army on 24 August 1976 for 3 years.  He completed his initial training and was assigned to the Panama Canal Zone as a field wireman (36K). 

Between March 1977 and April 1978 the applicant received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, on five occasions, for AWOL (total of 19 days) and for willfully disobeying a lawful order.  The punishments included reductions in rank, forfeitures of pay, extra duties and restrictions.

The applicant’s discharge packet is missing from his military records.  The available evidence shows that on 21 February 1979 the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, by reason of misconduct involving frequent incidents of a discreditable nature with civil or military authorities.  He completed 2 years, 2 months and 21 days of creditable service and had 19 days lost time due to AWOL.  He was issued an Under Other Than Honorable Conditions Discharge Certificate.

There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations

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, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 under the provisions of Army Regulation 635-200, chapter 14, for misconduct.

2.  The type of discharge directed and the reasons therefor were appropriate considering all of the facts of the case.

3.  There is no evidence of record to support the applicant’s contention that his chain of command failed to provide him the necessary help to quit using drugs.

4.  While the Board has taken cognizance of the applicant’s good post-service conduct, it is not sufficient to warrant the relief requested.

5.  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.

6.  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

___GDP__  ___CLA__  ___RWG__  DENY APPLICATION

						Loren G. Harrell
						Director