MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 February 2000
	DOCKET NUMBER:   AR1999024473

	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.

	Ms. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. James P. Huber		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 (GD) under honorable conditions, be upgraded to an honorable discharge.

APPLICANT STATES:  In effect, at the time of his discharge, he was given the option of transferring to another unit in the Ranger Regiment.  However, he took the early discharge, not realizing the consequences of what his current discharge status would be.

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

He served in the Delayed Entry Program of the Army Reserve from August
1995 through May 1996.  On 3 May 1996, he enlisted in the Regular Army
for 3 years and 17 weeks, in pay grade E-2.  He completed his advanced individual training in military occupational specialty (MOS) 11B1P (Infantryman) at Fort Benning, Georgia. 

On 15 May 1998, he received nonjudicial punishments (NJP’s) under Article 15, Uniform Code of Military Justice, for wrongful use of marijuana, a Schedule
1 controlled substance.  His punishment included reduction from pay grade E3 to pay grade E-1, forfeiture of $467.00 pay per month for 2 months and 45 days of extra duty and restriction to the unit area.

On 28 May 1998, the applicant’s unit commander notified him that he was being processed for separation under the provision of Chapter 14, AR 635-200, by reason of misconduct-abuse of illegal drugs.  The applicant consulted with legal counsel and acknowledged notification.  He stated that he understood his rights and made a statement in his own behalf.  His chain of command recommended a GD.

On 1 July 1998, the applicant was discharged with a GD under the provision of Chapter 14, AR 635-200, by reason of misconduct.  At the time of discharge, the applicant was credited with 2 years, 1 month, and 29 days total time in service.  His awards and decorations include the Army Service Ribbon, the Expert Marksmanship Badge with Rifle and Grenade bars and the Parachutist Badge.

On 13 January 2000, the applicant petitioned the Army Discharge Review Board (ADRB) seeking a upgrade of his discharge.  On 28 January 2000 the Board denied his request. 

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, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter.  However, the separation authority may direct a GD if such is merited by the soldier’s overall record.  Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for such a discharge.

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’s entire record of service was considered during the review of this case.  The Board was convinced that the reason for discharge was both proper and equitable.

3.  The Board is not convinced that his prior record of service was so outstanding as to overcome the serious misconduct for which he was discharged.

4.  The Board also found that the applicant, by violating the Army’s policy not to possess or use illegal drugs, compromised the trust and confidence placed in a soldier.  The applicant, as a soldier, had the duty to support and abide by the Army’s drug policies.  By abusing illegal drugs, the applicant knowingly risked his military career and diminished the quality of service below that meeting a fully honorable discharge.

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

___CLA _  __JPH __  ___MVT _  DENY APPLICATION

				Karl F. Schneider
				Director, Army Review Boards Agency

INDEX

CASE ID	AR1999024473	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	UHC GD	
DATE OF DISCHARGE	19980701	
DISCHARGE AUTHORITY	AR 635-200/CHAP 14	
DISCHARGE REASON	A68.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	94.31	
2.	27.00	
3.		
4.		
5.		
6.