MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  27 January 2000
	DOCKET NUMBER:   AR1999027391

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge		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 a fully honorable discharge. 

APPLICANT STATES:  The applicant made no contentions.

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

That he had three prior periods of honorable service in the Regular Army (RA) from 29 July 1986-28 December 1988, from 29 December 1988-15 December 1991 and from 16 December 1991-24 March 1997.

On 25 March 1997, the applicant reenlisted in the RA for a period of 2 years and his previous military occupational specialty (MOS) 14S (Avenger Crewmember).

The available records are limited to the Military Review Boards Case Report and Directive, prepared by the Army Discharge Review Board, the applicant’s 
DD Form 214 (Certificate of Release or Discharge from Active Duty), a portion of his DD Form 4/1 Enlistment/Reenlistment Document), separation order 
#195-0010, dated 4 June 1998 and microfiche 1-2 from his official military personnel file.

The Military Review Boards Case Report and Directive shows that the applicant’s records did not indicate that he received nonjudicial punishment under the provisions of the Uniform Code of Military Justice (UCMJ).  However, a noncommissioned officer evaluation report (NCOER) showed that he was relieved for cause and reduced from pay grade E-5 to pay grade E-4 as a result of use of illegal drugs.  

Not all the facts and circumstances surrounding the discharge process are a matter of record.  The applicant’s DD Form 214 indicates that he was separated on 9 June 1998, under the provisions of chapter 14, Army Regulation 635-200, for misconduct.  He was separated with a GD.  He had accrued 11 years, 
10 months and 11 days of creditable service and no recorded lost time.

The available records show that the Army Discharge Review Board denied the applicant’s request for an upgrade of his discharge on 19 May 1999. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l4 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, 

convictions by civil authorities, desertion or absence without leave.  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 considered appropriate, but a general discharge under honorable conditions or an honorable discharge may also be awarded.

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 administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

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

4.  The applicant authenticated his DD Form 214 at the time of separation.  
Even though his separation documents are not a matter of record the government presumes regularity in the discharge process. 

5.	If in fact, the applicant abused the Army’s drug policies concerning illegal 
drugs, he knowingly risked his military career and would have diminished the quality of his service below that meriting an honorable discharge.

6.  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

INW_____  SK_____  EJA_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

						INDEX

CASE ID	AR1999027391	
SUFFIX		
RECON		
DATE BOARDED	20000127	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19980609	
DISCHARGE AUTHORITY	AR635-200, CH14	
DISCHARGE REASON	A66.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6600	
2.		
3.		
4.		
5.		
6.