MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 August 2001
	DOCKET NUMBER:  AR2001057930

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Richard T. Dunbar		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 be upgraded.

APPLICANT STATES:  In effect, that his general discharge should be upgraded and that copy 1, 2, and 8 of his DD Form 214 (Report of Separation from Active Duty) should be corrected to show that he was admitted to a Veterans Administration (VA) hospital at the time of his discharge.  In support of his application he submits copies 1, 2 and 8 of his DD Form 214 and a copy of his General Discharge Certificate.

EVIDENCE OF RECORD:  The applicant's military records show he enlisted on 7 November 1972 as a field artillery crewman.

Between 21 May 1974 and 28 August 1974, the applicant was counseled 
seven times for his duty performance, drug dependency, appearance, attitude, and for missing duty.  

On 9 July 1974, he was punished under Article 15, under the Uniform Code of Military Justice (UCMJ), for being AWOL from 1 to 8 July 1974 (7 days).  His punishment consisted of a reduction to the pay grade of E-2, a forfeiture of pay, and 7 days restriction.

On 29 August 1974, the applicant was notified by his commander that he was being recommended for discharge under the provisions of Army Regulation 
635-200, chapter 13-5a(3b), for unfitness.  He based his recommendation on the applicant’s numerous counseling toward his dependency on drugs, unsatisfactory job performance, appearance, and attitude.  After consulting with counsel, the applicant waived his rights and elected not to submit a statement in his own behalf.  

The applicant underwent a separation medical examination on 3 September 
1974 and was found qualified for separation.  On this same date he underwent a mental evaluation, which determined that he could distinguish right from wrong and that he possessed sufficient mental capacity to participate in administrative or judicial proceedings.

On 23 September 1974, the separation authority approved the recommendation for discharge and directed that he be furnished a General Discharge 
Certificate.

The applicant departed AWOL on 31 October 1974 and remained AWOL until
17 November 1974 (17 days).  

The applicant was discharged on 5 December 1974 under the provisions of Army Regulation 635-200, chapter 13-5a(3b), for unfitness based on his drug abuse.  He had a total of 1 year, and 26 days of creditable service and had 24 days of lost time due to AWOL.

There is no evidence that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge with its 15-year statute of limitations.

Army Regulation 635-200 sets forth the policy and prescribes the procedure for administrative separation of enlisted personnel.  Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability.  At that time, paragraph 
13-5a(3) provided for the separation of individuals for unfitness (drug abuse).
When the sole reason for separation is drug abuse, the individual will be furnished an honorable or general discharge certificate as warranted and directed by the convening authority.

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 Board notes the applicant’s contention that his discharge should be upgraded; however, there is no evidence in the available records, and the applicant has provided no evidence, to show that his discharge should be upgraded.

2.  The Board also notes the applicant’s contention that copy 1, 2, and 8 of his
DD Form 214 should show that he was admitted to a VA hospital at the time of his discharge.  However, there is no evidence in the available records, and the applicant has provided no evidence, to show that he was admitted to a VA hospital at the time of his discharge, nor is this a legal entry on a DD Form 214.

3.  The applicant’s administrative separation was accomplished in compliance with applicable regulations.  

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

5.  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.  

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

__js___  ___dh_____  __rd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057930	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19741205	
DISCHARGE AUTHORITY	AR 635-200  C, 13	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189		
2.		
3.		
4.		
5.		
6.