MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 February 2000                   
	DOCKET NUMBER:   AR1999028436

	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.

	Mrs. Nancy Amos		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:  In effect, reconsideration of his request for a change in the reason and authority for his discharge.

APPLICANT STATES:  That he has been told that Army Regulation 635-212, paragraph 6a(3), separation program number (SPN) 384 does not exist and it is probably a typographical error.  He provides his DD Form 214 as supporting evidence.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 27 September 1989.

Army Regulation 635-212, effective 15 July 1966 and in effect at the time of the applicant’s discharge in February 1972, established policy and guidance for eliminating enlisted personnel who were found to be unfit or unsuitable for further military service.  Paragraph 6a(3) provided that an individual was subject to separation under the provisions of that regulation when drug addiction or the unauthorized use or possession of habit-forming drugs or marijuana existed.

Army Regulation 635-5, effective 23 January 1967 and in effect at the time of the applicant’s discharge in February 1972 prescribed the separation documents that would be furnished each individual who was separated from the Army.  Appendix A contained the SPNs and authorities governing separations.  SPN 384 was used when the authority for separation was Army Regulation 635-212 and the reason for separation was unfitness – drug addiction or the unauthorized use of possession of habit-forming narcotic drugs or marijuana.

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 overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

__cla___  __jph___  __mvt___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028436	
SUFFIX		
RECON		
DATE BOARDED	20000224	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19720207	
DISCHARGE AUTHORITY	AR 635-212. . . . .  	
DISCHARGE REASON	A50.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.