MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  1 October 2002
	DOCKET NUMBER:  AR2002070909

	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. Raymond V. O'Connor, Jr. 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Margaret K. Patterson		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 discharge characterized as under honorable conditions (UHC) be upgraded to honorable and that item 14 (Highest Education Level Successfully Completed/Secondary/High School) of his NGB Form 22 (Report of Separation and Record of Service) be corrected to show the entry
"12" instead of the entry "10."  He also requests that item 16 (High School Graduate or Equivalent) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show an "X" in the "YES" block.

APPLICANT STATES:  That his discharge should be upgraded to honorable and that his NGB Form 22 and DD Form 214 should show that he completed high school.  He also states that his discharge was predicated upon his lack of participation in monthly drills due to a drug addiction that occurred while on duty in the National Guard (NG).  His platoon sergeant exposed him to drugs and sent him places to make pick-ups.  He assumed that these runs were part of a covert operation by the NG; however, he later discovered that this was not the case and that the drugs were for his platoon sergeant.  After being exposed to the illegal drugs, his platoon sergeant introduced the use of the drugs to him.  He began to use the drugs more frequently and became addicted.  He also began to miss weekend drills due to his addiction and lost faith in his platoon sergeant, who exposed him to the drugs which made a negative impact on his life.  During his service, he was a squad leader and was prepared to defend his country, and if given the opportunity he would still defend his country.  He also states that his separation documents show that he had not completed high school; however, effective 20 July 1989, he obtained his General Education Development (GED).  In support of his application, he submits a copy of his:  NGB Form 22; DD Form 214; High School Equivalency Certificate; and an Official Report of Test Results, Test of General Educational Development, dated 20 July 1989.

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

He enlisted in the Massachusetts Army National Guard (MAARNG) on 14 August 1980, for a period of 6 years.  He was ordered to active duty for training (ADT) on 17 September 1980, and was released from ADT on 10 December 1980.

The facts and circumstances pertaining to the applicant’s discharge are not present in the available records.  However, his NGB Form 22 shows that on 
8 June 1984, he was discharged under the provisions of National Guard
Regulation 600-200, paragraph 7-10(p), for unsatisfactory performance.  
He was furnished a General Discharge Certificate and was transferred to the USAR Control Group (Annual Training).

Item 14 of his NGB Form 22 shows the entry "Secondary/High School 10."

Item 16 of his DD Form 214 shows an "X" in the "NO" block.

Item 13 (EDUC [Education]/Highest Grade Completed) of his DD Form 1966/1 (Application for Enlistment – Armed Forces of the United States) shows the entry "10 NHSG" (10th Grade/Not a High School Graduate) and item 22c (Education/Graduate) of his DD Form 1966/2 (Continuation of DD Form 1966/1) shows an "X" in the "NO" block.

The applicant provided a copy of an undated High School Equivalency Certificate 
which shows that he acquired the equivalency of a high school education.
The applicant also provided a copy of his Official Report of Test Results, Tests of General Educational Development, dated 20 July 1989, which shows that he completed his GED.

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

National Guard Regulation 600-200 establishes standards, policies, and procedures for the management of the ARNG soldiers.  Chapter 7, paragraph 
7-10p provides for the separation of personnel due to unsatisfactory performance.

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 the absence of evidence to the contrary, it must be presumed that the applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.

2.  The type of separation directed and the reasons for that separation were appropriate considering all of the available facts of the case.

3.  The Board notes the applicant's contentions; however, there is no evidence 
in the available records, and the applicant has provided no evidence to support his contentions, or to show that his discharge should be upgraded.

4.  The evidence of record shows that the applicant was not a high school graduate prior to his enlistment nor was he a graduate at the time of his separation from active duty or discharge from the MAARNG.  The applicant acquired his passing GED test scores and High School Equivalency Certificate after his discharge.  Therefore, he is not entitled to correction of item 14 of his NGB Form 22 or item 16 of his DD Form 214 to show that he graduated from high school.

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

__ro____  ___ao___  ___mp___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070909	
SUFFIX		
RECON		
DATE BOARDED	20021001	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19840608	
DISCHARGE AUTHORITY	AR  NGR 600-200 para 7-10p .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  360		
2.		
3.		
4.		
5.		
6.