MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            20 May 1999
	DOCKET NUMBER:   AR1999024023

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Ms. Margaret V. Thompson		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 be upgraded to an honorable discharge.

APPLICANT STATES:  That his discharge was too harsh considering the nature of the offense.

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

The applicant entered active duty on 29 August 1995 and served as an armor crewman.

On 31 January 1996, nonjudicial punishment (NJP) was imposed against the applicant for failure to follow a lawful order by a noncommissioned officer on 26 January 1996.  His punishment consisted of 14 days restriction and extra duty.

On 1 June 1996, a urine specimen was obtained from the applicant, which tested positive for marijuana.

On 22 July 1996, NJP was imposed against the applicant for wrongful use of marijuana on 1 June 1996.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay and 45 days restriction and extra duty.

The applicant was underwent a separation medical examination on 2 July 1996 and was found qualified for separation.

The applicant underwent a mental evaluation on 4 September 1996, which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.

On 11 September 1996, the applicant was notified by his commander that action to separation him from the service was being initiated under the provisions of Army Regulation 635-200, chapter 14, for commission of a serious offense and the abuse of illegal drugs.  He acknowledged receipt of the notification and, after consulting with counsel, he elected to waive consideration of his case and personal appearance before a board of officers and opted not to submit a statement in his own behalf.

On that same day, the commander submitted his recommendation to eliminate 
the applicant for separation from the service under the provisions of Army Regulation 635-200, chapter 14, for commission of a serious offense and the abuse of illegal drugs. 

On 18 September 1996, the separation authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate. The applicant was discharged on 16 October 1996.  He had a total of 1 year, 
1 month, and 18 days of creditable service.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge on 16 October 1996.  The ADRB determined that his discharge was proper and equitable, and denied his request on 19 March 1999.

Army Regulation 635-200 sets forth the basic authority for the separation of
enlisted personnel from active duty.  Chapter 14, in effect at the time, dealt with separation for various types of misconduct, which include drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service (ETS).  Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense.  Those in pay grades below E-5 may also be processed after a first drug offense and must be processed for separation after a second offense.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

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 of the facts of the case,

3.  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.

4.  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

EMW____  HOF____  MVT_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024023	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19960520	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19961016	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 110		
2.		
3.		
4.		
5.		
6.