MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 October 2000                  
	DOCKET NUMBER:   AR2000045696

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Allen L. Raub		Member	
	Ms. Brenda F. Hirschi		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, that his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to show his rank as Staff Sergeant (SSG), E-6 and his date of entry as 5 September 1972 and to add missing awards.

APPLICANT STATES:  The applicant makes no additional statement and provides no supporting evidence.

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

He enlisted in the Regular Army on 5 September 1972.  He was honorably discharged on 19 June 1974 for the purpose of immediately reenlisting on         20 June 1974.  He was honorably discharged on 1 June 1977 for the purpose of
immediately reenlisting on 2 June 1977.  He received DD Forms 214 for these periods.

The applicant was promoted to SSG on 13 July 1980.  

On 7 November 1986, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for wrongful use of marijuana.  His punishment was to be reduced to Sergeant, E-5.  He did not appeal the punishment.

On 20 November 1986, action was initiated to separate the applicant under the provisions of Army Regulation 635-200, chapter 14 for misconduct, commission of a serious offense, illegal drug use.  The action was approved on 1 December 1986 and on 8 December 1986 the applicant was discharged, with a general discharge under honorable conditions, in pay grade E-5.

The applicant’s Personnel Qualification Record, DA Form 2-1, shows that he was awarded the National Defense Service Medal, the Marksman Badge Rifle M16, the Overseas Service Ribbon, the Armed Forces Expeditionary Medal, the Air Assault Badge, the Army Service Ribbon, and the Army Good Conduct Medal 3d award.  These are the awards listed on his DD Form 214.  His prior active service is shown in item 12d of his DD Form 214.

Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service. Effective 1 October 1979, it ended the requirement to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlisment.

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 this requirement.

2.  The applicant was reduced to Sergeant, E-5 on 7 November 1986 as a result of UCMJ action.  All the awards listed on the applicant’s DA Form 2-1 are listed on his DD Form 214.  The Board acknowledges he entered active duty on           5 September 1972 but he received DD Forms 214 for that initial enlistment and for one subsequent enlistment.  The DD Form 214 ending 8 December 1986 correctly shows his date of entry as 2 June 1977, the date his third enlistment period began.

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

__eja___  __alr___  __bfh___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045696	
SUFFIX		
RECON		
DATE BOARDED	20001031	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.