MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          20 August 2002
	DOCKET NUMBER:  AR2002069083

	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. Melinda M. Darby		Chairperson	
	Mr. Roger Able		Member	
	Mr. Curtis L. Greenway		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:  A medical discharge instead of a discharge under honorable conditions (GD).   

APPLICANT STATES:  In effect, that at the time of his discharge he was on profile.  No push-ups, no pull-ups and no lifting over 15 pounds.  He was unable to perform his duties in the military.

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

On 7 December 1984, the applicant enlisted in the Regular Army for 3 years.  He completed the required training and was awarded military occupational specialty 91A10 (Medical Specialist).  

The applicant's record indicates that in February 1985, while in basic training he dislocated his shoulder.  During the month of April and June of 1985, the applicant re-injured his shoulder.  The applicant was placed on profile for several weeks before his operation on his shoulder in September 1985.  However, the particulars surrounding his surgery are missing from his file. 

On 9 May 1986, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for the wrongful use of marijuana.  His imposed punishment was an oral reprimand, 45 days extra duty and a forfeiture of $373.00 pay per month for 2 months (suspended for 2 months).

On 4 June 1986, a urinalysis test was conducted in the applicant's unit.  The applicant tested positive for marijuana.  

A separation examination dated 5 August 1985, was performed on the applicant, however the report and the result of the examination are missing from his file.

On 5 August 1986, a Report of 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. 

On 10 August 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-drug abuse.  The commander’s recommendation was based on the applicant testing positive on two separate occasions for marijuana use.  On the same day, the applicant acknowledged notification, consulted with legal counsel and waived consideration, personal appearance, and representation before a board of officers.

On 28 August 1986, the appropriate authority approved approved the recommendation and directed the issuance of a General Under Honorable Conditions Discharge Certificate.  On 18 September 1986, the applicant was discharged in pay grade E-3 under the provisions of Army Regulations 635-200, chapter 14-12, for misconduct – drug abuse, with a general discharge.  He had completed 1 year, 9 months and 18 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.  Although, the applicant record does show that he dislocated his shoulder while in training on three different occasions in 1985 and that he received an operation on his shoulder in the same year.  The Board believes, that the applicant did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

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

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

__MMD__  __RA__  __CLG__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069083	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/08/20	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1986/12/18	
DISCHARGE AUTHORITY	AR635-200, chapter 14 	
DISCHARGE REASON	A60.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.144.6000		
2.		
3.		
4.		
5.		
6.