MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            18 March 1999     
	DOCKET NUMBER:   AR1999022671

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Ernest W. Lutz, 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 his general discharge be upgraded to honorable.  

APPLICANT STATES:  In effect, that he never had a positive urinalysis while he was enrolled in the Operation Awareness Program and that his duty performance and basic soldier skills improved while he was in the program.  He contends that the substance discovered in his possession was year old residue from a period prior to his enrollment in the drug abuse program.  He goes on to state that he was 19 years old, going through a divorce, and he wasn’t thinking clearly.  He states that he regrets not finishing his enlistment, that he shamed his family and his father is retired from the Navy (22 years). 

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

He enlisted in the Army Reserve under the delayed entry program and entered active duty on 1 October 1981 for a period of 4 years.  He successfully completed his training and was transferred to Fort Bragg, North Carolina, for duty as an infantryman.     

On 3 June 1982 nonjudicial punishment (NJP) was imposed against the applicant for being AWOL from 1 June 1982 to 3 June 1982.  His punishment consisted of a forfeiture of pay and confinement at a correctional custody facility for 7 days.  

The applicant was a self-referral to the Operation Awareness Rehabilitation Program on 3 June 1982 and enrolled in the program on 4 June 1982.

NJP was imposed against the applicant on 16 November 1982 for possessing marijuana.  His punishment consisted of a forfeiture of pay and 14 days of restriction and extra duty.

On 9 December 1982 the applicant’s commander submitted a recommendation to discharge the applicant from the service under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse.  He cited as the basis for his recommendation the applicant’s continued drug abuse substantiated by his arrest for possession of marijuana on 1 November 1982.  

On 13 December 1982 the applicant acknowledged notification of his pending separation, requested consultation with military counsel and elected to submit a statement in his own behalf.  In summary, his rebuttal to the chapter
9 proceedings were the same contentions submitted with this application.   

On 16 December 1982 NJP was again imposed against the applicant for breaking restriction on two separate occasions.  His punishment consisted of 
14 days of restriction and extra duty.

He received his fourth NJP on 19 January 1983 for being AWOL from 2 January 1983 to 7 January 1983.  His punishment consisted of a reduction to pay grade E-1, a forfeiture of pay and 45 days of extra duty.

On 21 January 1983 the applicant’s commander, in consultation with the Operation Awareness Rehabilitation Team, declared him a rehabilitation failure.  He recommended that the applicant be separated under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse and based his recommendation on the applicant’s NJP for possession of marijuana while enrolled in the drug abuse program.  

On 26 January 1983 the appropriate authority approved the recommendation for discharge under the provisions of chapter 9, for drug abuse, and directed that he be issued a General Discharge Certificate.

Accordingly, he was discharged on 10 February 1983 under the provisions of Army Regulation 635-200, chapter 9, for drug abuse rehabilitation failure.  He had served 1 year, 4 months and 4 days of total active service and had 5 days lost time due to AWOL.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  A member who has been referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.  At the time of the applicant's separation an honorable or general discharge was authorized. 

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.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  

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

3.  The applicant’s contention that he showed improvement in his duty performance and soldier skills from the time he enrolled himself in the Operation Awareness Program, appears to be without merit.  The Board noted that he received NJP three times while he was in the program.  
4.  The applicant’s remaining contentions were also noted by the Board.  However, the applicant has failed to convince the Board through the evidence submitted or the evidence of record that his discharge was unjust and should be upgraded.

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

___JMA__  __KYF___  __EWL__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022671	
SUFFIX		
RECON		
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19830210	
DISCHARGE AUTHORITY	AR 635-200 CHAPTER 9	
DISCHARGE REASON	ALCOHOL REHAB FAILURE	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 110	189	
2.  144	835	
3.  144	841	
4.  144	813	
5.  144	821	
6.