MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 October 1999                   
	DOCKET NUMBER:   AR1999023820

	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. Thomas D. Howard, Jr.		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James P. Steuve		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 he be reinstated into the U. S. Army Reserve (USAR).

APPLICANT STATES:  That he has never used illegal drugs.  He was erroneously discharged.  The chain of custody was broken.  He provides no supporting evidence.

COUNSEL CONTENDS:  Counsel makes no contention.

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

After having had prior service, he enlisted in the USAR on 30 March 1984.  He held the rank of Sergeant at the time separation action was initiated.  

On 16 July 1998, separation action was initiated on the applicant under the provisions of Army Regulation 135-178, paragraph 7-11c(1), abuse of illegal drugs.  The company commander cited his positive urinalysis test on 6 June 1998 for THC (marijuana) as the reason.  The applicant was given the right to consult with counsel and to request a hearing before an administrative separation board.  The unit commander recommended a discharge under other than honorable conditions.  The commander gave a copy of this action to the applicant on 16 July 1998.  

The applicant’s formal response is not available.  On 9 September 1998, his company commander recommended his separation for misconduct with a general discharge under honorable conditions.  The battalion and brigade commanders recommended discharge under other than honorable conditions.  

A board hearing to consider the applicant for administrative separation was set to convene on 19 November 1998.  The board proceedings are not available.  It is not known if the applicant appeared before the board.  On 5 December 1998, the commanding general, 90th Regional Support Command personally reviewed the separation packet along with the findings and recommendation of the board and approved the recommendation to separate him with a general discharge.  On      7 December 1998, the applicant was discharged from the USAR with a general discharge under honorable conditions.

Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR.  Paragraph 7-11 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.  

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 and, in the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.

2.  The applicant states that the chain of custody was broken but provides no evidence to show that it was broken.  

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

__tdh___  __tnk___  __jps___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023820	
SUFFIX		
RECON		
DATE BOARDED	19991028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.		
3.		
4.		
5.		
6.