MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 March 2002                            
	DOCKET NUMBER:   AR2002066950

	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. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Roger W. Able		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 discharge under other than honorable conditions (UOTHC) be upgraded to an honorable discharge.   

APPLICANT STATES:  In effect, that he wishes to have his discharge changed because it was a one-time incident that has not been repeated. 

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

On 3 February 1984, the applicant enlisted in the Regular Army for 4 years.  He completed the required training and was awarded military occupational specialty 76J10 (Medical Supply Specialist).  The highest grade he achieved was pay grade E-4.

Between February 1985 and April 1986, the applicant accepted three nonjudicial punishments under Article 15, Uniform Code of Military Justice, for three occasions of the wrongful use of marijuana.  His punishments included forfeitures, restrictions, extra duty and a reduction to pay grade E-2.

The applicant’s military record indicates that he was counseled on three occasions for testing positive for marijuana and for two occasions of failure to repair. 

On 11 April 1986, the applicant was barred from reenlistment because of his abuse of illegal drugs.

On 15 April 1986, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct (abuse of illegal drugs).  The commander’s recommendation was based on the applicant’s misconduct and actions, which indicated that he could not be rehabilitated for productive military service.  On 
17 April 1986, the applicant acknowledged notification, consulted with legal counsel and waived consideration, personal appearance, and representation before a board of officers.

A mental status evaluation found the applicant qualified for separation.  There was no evidence of psychosis or neurosis or other disorders qualifying him for disposition through medical channels.  He was considered mentally competent to participate in board proceedings.  A medical examination found the applicant fit for retention.

On 6 May 1986, the Commanding General approved the recommendation, reduced the applicant to the lowest enlisted grade and directed the issuance of a Discharge Certificate Under Other Than Honorable Conditions.  On 14 May 1986, the applicant was discharged in pay grade E-1 under the provisions of Army Regulations 635-200, chapter 14-12c, for misconduct-drug abuse, with a discharge UOTHC.  He had completed 2 years, 3 months and 12 days of creditable active service.  

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities desertion or absence without leaves.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 evidence of record shows that the applicant’s discharge was appropriate because the quality of service determination at the time of discharge was not consistent with the Army’s standards for acceptable personal conduct and performance of duty by military personnel.  

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

4.  Therefore, the type of discharge directed and the reasons were appropriate considering all the facts of the case.

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___  __wtm___  __rwa___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066950	
SUFFIX		
RECON		
DATE BOARDED	20020314	
TYPE OF DISCHARGE	(UOTHC)	
DATE OF DISCHARGE	19860514	
DISCHARGE AUTHORITY	AR635-200, chp14 .  .  .  .  .  	
DISCHARGE REASON	A60.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.6000	
2.		
3.		
4.		
5.		
6.