MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 February 2001
	DOCKET NUMBER:   AR2000046114

	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	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Donald P. Hupman		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 under honorable conditions discharge be upgraded to honorable.

APPLICANT STATES:  That he smoked hash when he was in the Army and got caught during a random urinalysis screen.  It came back positive.  He admits he was wrong and should not have done it.  He is a family man now and contends that he no longer engages in that kind of activity.  He has had to deal with his discharge and to be constantly reminded of his mistake.  He wants to be able to put this behind him.

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

He enlisted in the Army for 3 years on 16 September 1980.  He successfully completed his initial training and was assigned for duty as a material storage and handling specialist (76V).  He attained the rank of specialist four.

On 19 June 1981 the applicant was enrolled into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) as a result of his self-referral for poly-drug abuse at Fort Hood, Texas.  Upon a permanent change of station assignment to the Federal Republic of Germany, he was reenrolled in the ADAPCP.

On 2 November 1982 the applicant under went an urinalysis examination that showed positive for tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana.

On 25 January 1983 the applicant was enrolled in the ADAPCP Track II Phase.  He attended one of two scheduled group sessions and was twice scheduled for medical appointments.

On 8 February 1983 the ADAPCP clinical director evaluated the applicant’s potential for successful rehabilitation as poor, pointing out the ineffectiveness of his ADAPCP treatment.

On 7 March 1983 the applicant’s commander initiated a recommendation to separate him from the service under the provisions of Army Regulation 635-200, chapter 9, due to being declared a rehabilitative failure.  The applicant was advised by counsel and elected not to make a statement in his own behalf.

On 18 March 1983 the appropriate authority approved the recommendation and directed that the applicant be issued a General Discharge Certificate, under honorable conditions.

Accordingly, the applicant was discharged on 4 April 1983.  He completed           2 years, 6 months and 19 days of creditable active service and had no lost time.
There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  A member who is enrolled in the ADAPCP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.

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.  The applicant was initially referred to the ADAPCP in June 1981 based upon a self-referral.  He was determined to be a rehabilitative failure based upon non-participation and an additional positive urinalysis.

2.  Therefore, the applicant’s administrative separation under the provisions of Army Regulation 635-200, chapter 9, was appropriate and proper, with no indication of procedural errors which would tend to jeopardize his rights.

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

4.  The applicant has not submitted any evidence to substantiate an error or injustice; nor has he provided any mitigating arguments that would persuade the Board that what the Army did was wrong.

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

__JHL___  __GDP__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2000046114	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	A69.00	
2.		
3.		
4.		
5.		
6.