MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 November 1998                   
	DOCKET NUMBER:   AC98-11856

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. June Hajjar		Member	
	Mr. Thomas D. Howard, 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:  In effect, that her rank of Staff Sergeant be restored and that she be reinstated in the U. S. Army Reserve to obtain her 20 years of qualifying service.

APPLICANT STATES:  In effect, that she came up positive on a urinalysis test because of the medication she was on and that her unit was harassing her.

COUNSEL CONTENDS:  Counsel makes no contention.

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

She enlisted in the Regular Army on 7 March 1979, was honorably separated on 1 March 1982 and enlisted in the Selected Reserve on 2 March 1982.  She was promoted to Staff Sergeant on 23 March 1987.

In 1991, the applicant tested positive on a urinalysis for marijuana and cocaine.  She had apparently admitted to cocaine use prior to the test.  She apparently entered and completed a drug rehabilitation program at a VA Medical Center.

In 1995, the applicant had been considered by an administrative separation board for elimination based upon the above drug use.  The board recommended that she be retained in the service and the appropriate authority approved the recommendation.

On 16 March 1997, the applicant again tested positive for marijuana and cocaine on a urinalysis test.

On 10 May 1997, the applicant’s commander initiated discharge action under the provisions of Chapter 7, Army Regulation 135-178 for abuse of illegal drugs.

On 29 May 1997, the applicant was advised by counsel of the basis for the discharge action.  She requested consideration of her case by an administrative separation board, personal appearance before such a board, and representation by counsel.  She elected to submit a statement but it is not available.

An administrative separation board was convened 6 August 1997.  As the applicant was apparently on convalescent leave at the time, she was present by telephone.  She apparently did not give any personal testimony.

The separation board recommended the applicant be discharged from the U. S. Army Reserve because of misconduct with an under other than honorable conditions discharge.  The appropriate commander approved the board’s recommendation.
On 25 September 1997, the applicant was discharged from the U. S. Army Reserve, in pay grade E-1, under the provisions of Army Regulation 135-178, Chapter 7, with a discharge under other than honorable conditions.  She had completed over 17 years of qualifying service for retirement.

Army Regulation 135-178, effective 1 July 1990, establishes policies, standards and procedures governing the administrative separation of enlisted soldiers from the Army National Guard and the U. S. Army Reserve.  In pertinent part, it provides that first-time drug offenders in the grades of rank of sergeant through command sergeant major will be processed for discharge on discovery of a drug offense and that drug offenders in any enlisted grade of rank must be processed for discharge after a second offense.  When a soldier is to be discharged under other than honorable conditions, the convening authority will direct the immediate reduction to the pay grade of E-1.

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 did not submit any evidence at her separation board to show that her positive urinalysis was the result of prescribed medication and she has not submitted any with this application.

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

JEV_____  JH______  TDH_____  DENY APPLICATION

						Loren G. Harrell
						Director