MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            9 July 2002
	DOCKET NUMBER:   AR2002069974

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Thomas B. Redfern		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 general discharge be upgraded and that his narrative reason be changed.

APPLICANT STATES:  In effect, that he was young and naive and had experienced personal problems with his parents.  He states that he served honorably for his country for 2 years and 5 months and obtained the rank of specialist four.  He contends that he was discharged with a general discharge under honorable conditions, but the narrative reason was given to him without legal representation.  In support of his application, he submits a supplemental letter.

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

The applicant enlisted in the Regular Army on 21 August 1984 for a period of 3 years.  He successfully completed basic and advanced individual training and was assigned to Fort Eustis, Virginia, as a cargo handler.  He was advanced to specialist four in February 1986.

On 31 July 1986, the applicant received nonjudicial punishment for six specifications of failing to go to his appointed place of duty.  His punishment consisted of reduction to private first class (suspended until 27 January 1987), forfeiture of $150.00, and 14 days extra duty.

On 5 September 1986, the applicant received nonjudicial punishment for two specifications of failing to go to his appointed place of duty; for wrongfully using marijuana; and for being AWOL from 12 August 1986 to 23 August 1986.  His punishment consisted of correctional custody for 14 days, reduction to 
private E-1 (suspended automatically remitted if not vacated before 3 March 1987), forfeiture of $319.00 pay per month for a period of 2 months (suspended and automatically remitted if not vacated before 3 March 1987).

A bar to reenlistment was imposed on the applicant on 13 November 1986 for his two nonjudicial punishments and a positive urinalysis on 5 August 1986.

Nonjudicial punishment was imposed on the applicant again on 21 January 1987 for being absent from his place of duty and for wrongfully using marijuana.  His punishment consisted of forfeiture of $314.00 pay per month for 2 months, 45 days restriction (suspended and automatically remitted if not vacated before 20 July 1987), and 45 days extra duty.

On 27 January 1987, the applicant’s unit commander notified him of pending separation action under the provisions of Army Regulation 635-200, paragraph 14-12(d) for misconduct – abuse of illegal drugs and advised him of his rights.  The commander cited the reason for his proposed action as the applicant’s abuse of illegal drugs. 
On 28 January 1987, the applicant consulted with legal counsel and did not submit a statement in his own behalf.

On 4 February 1987, the separation authority approved the separation and directed that the applicant be issued a General Discharge Certificate. 

Accordingly, the applicant was discharged on 6 February 1987 under the provisions of Army Regulation 635-200, paragraph 14-12(d) for misconduct – abuse of illegal drugs.  He had completed 2 years, 5 months and 4 days of creditable service with 12 days of lost time due to AWOL.

Item 28 (Narrative Reason for Separation) of the applicant's DD Form 214 shows "Misconduct – Abuse of Illegal Drugs."

Item 26 (Separation Code) of the applicant's DD Form 214 shows "JKK".  Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, states the reason for discharge based on separation code "JKK" is "Misconduct – Abuse of Illegal Drugs" and the regulatory authority is Army Regulation 635-200, chapter 14, paragraph 14-12d.

On 7 March 1988, the Army Discharge Review Board (ADRB) denied the applicant’s request to upgrade his discharge.

Army Regulation 635-200, in effect at the time, 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, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the soldier’s overall record.  

Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.

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 separated under the provisions of Army Regulation 635-200, paragraph 14-12(d), for misconduct – abuse of illegal drugs.

2.  The Board considered the applicant's contention that the narrative reason was given to him without legal representation.  However, evidence of record shows the applicant consulted with legal counsel and was afforded the opportunity to submit statements in his own behalf, but he declined to do so. 

3.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

4.  The Board considered the applicant's contention that he was young and naive at the time in question.  However, these factors are not sufficiently mitigating to warrant relief.  

5.  The narrative reason and the type of discharge are correct and was applied in accordance with the applicable regulations.

6.  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.

7.  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

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2002069974	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020709	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19870206	
DISCHARGE AUTHORITY	AR635-200, chapter 14-12d	
DISCHARGE REASON	Misconduct – Abuse of Illegal Drugs	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	144.0000	
2.		
3.		
4.		
5.		
6.