MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            1 February 2001                  
	DOCKET NUMBER:   AR2000044232

	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. Carl W. S. Chun		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. James E. Anderholm 		Member	
	Ms. Barbara J. Lutz 		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 the Board credit him with 2 additional months of active duty service in order to increase his total active duty service credit to 3 years.

APPLICANT STATES:  In effect, that he is asking the Board to credit him with 2 additional months of service not because his discharge was wrong, but because he wants to receive his MGIB (Montgomery GI Bill) benefits.  He further states that if he is able to use his MGIB benefits, he will be able to provide a better living for his family.

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

On 3 August 1989, the applicant enlisted in the Regular Army for a period of 4 years.  At the time of enlistment, he elected to participate in the MGIB educational assistance program and acknowledged with his signature that he understood the requirements of that program.

On 3 August 1989, the applicant was discharged under the provisions of chapter 14, Army Regulation 635-200, for misconduct--abuse of illegal drugs with a general, under honorable conditions discharge.  He was credited with 2 years, 10 months, and 6 days of military service.

The applicant appealed his discharge to the Army Discharge Review Board (ADRB).  On 27 December 1999, the ADRB upgraded the applicant’s discharge to honorable and under current standards changed his narrative reason from "misconduct--abuse of illegal drugs" to "misconduct."

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of the regulation deals with separation for various types of misconduct, including drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  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, but must be processed for separation after a second offense.  

The MGIB was established by Congress and became effective 1 July 1985.  As outlined in Title 38, United States Code, chapter 30, section 1411b, the bill provides for soldiers who initially entered the service after 30 June 1985 to contribute $1200.00 to the program during their first 12 months of service.  In addition to the initial entry date and the $1200.00 contribution, the soldier must also continuously serve for 3 years (or 2 years if that is what the soldier first enlisted for).  After completion of the service obligation, the soldier is entitled to up to $300.00 per month educational benefits for 36 months.  The program is administered by the Department of Veterans Affairs (VA).
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.  After a careful review of the applicant’s record, the Board determined that the applicant was aware of the requirements for the MGIB.  Because of his misconduct, he was discharged from the Army prior to his expiration term of service and, therefore, did not meet the service requirements for the MGIB.  

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.

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 this 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

__lls____  __jea____  __bjl ____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044232	
SUFFIX		
RECON		
DATE BOARDED	20010201	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920608	
DISCHARGE AUTHORITY	AR 635-200 C14-12c	
DISCHARGE REASON	Misconduct	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DASA	
ISSUES         1.	129.0100	
2.		
3.		
4.		
5.		
6.