MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            31 JULY 2003                  
	DOCKET NUMBER:   AR2003087084

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Karen A. Heinz		Chairperson	
	Mr. Robert L. Duecaster 		Member	
	Ms. Gail J. Wire 		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:  Reconsideration of his request that his discharge from the United States Army Reserve (USAR) be voided, and that he instead be transferred to the Retired Reserve in order to utilize his military benefits. 

APPLICANT STATES:  In effect, in the enclosed self-authored statement, that he believes his case should be reconsidered because a full review is necessary to arrive at a fair judgment in his case.  He states that the initial case summary provided a chronological history of the events that led to his discharge.  However, a second drug test that he took, which would have proved his innocence, was not made available to the Board.  He claims that his military record is not one of misconduct, but rather it is one that shows an individual who worked his whole life to move up.  He states that based on his record, he should now be given the benefit of doubt, and he hopes the Board will look for the second drug test. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a Memorandum of Consideration (AR20020772949), dated 10 December 2002, which was prepared to reflect the Board's original consideration of this case.  In support of his reconsideration request, the applicant provides the enclosed self-authored statement.  This is considered a submission of new evidence that requires reconsideration by the Board. 

The applicant’s records contain a copy of a DD Form 2624 (Specimen Custody Document-Drug Testing), dated 14 September 2000, which shows 
that a urine specimen was obtained from the applicant on 20 August 2000, and it tested positive for tetrahydrocannabinol (THC).  

The applicant was processed for separation and was separated on 15 March 2001, with a general, under honorable conditions discharge, under the terms of his conditional waiver.  

In its original decision on this case, the Board concluded that the applicant was properly and justly discharged in accordance with the governing regulation based on his use of illegal drugs.  The Board also noted at the time that the applicant had completed over 20 qualifying years of service, and he remained eligible for retirement benefits that accrue to USAR soldiers with 20 or more qualifying years of service.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  The Board notes the applicant’s contention that his discharge from the USAR be voided and that he be transferred to the Retired Reserve in order to utilize his military benefits.  However, it finds insufficient evidence to support granting the requested relief.  

2.  The evidence of record confirms that the applicant tested positive for THC and was discharged in accordance with the applicable regulations under the terms of his own conditional waiver.  The Board finds no error or injustice in the separation process.

3.  The Board considered the applicant’s contention that a second drug test proved his innocence.  However, the evidence of record provides no information on a second drug test, and the applicant has failed to provide any independent evidence to support this claim.  Thus, lacking evidence to substantiate this allegation, the Board concludes that there is no evidentiary basis for reversing the Board’s original determination in this case.

4.  The Board finds the overall merits of the case, including the latest submissions and arguments are insufficient as a basis to reverse its previous decision.  

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

__RLD___  __KH___  __GJW___  DENY APPLICATION

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

INDEX

CASE ID	AC2003087084	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	2001/03/15	
DISCHARGE AUTHORITY	AR 135-178 paragraph 7-11c1. . . . .  	
DISCHARGE REASON	Abuse of Illegal Drugs	
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.338	136.0000	
2.		
3.		
4.		
5.		
6.