IN THE CASE OF:	  

		BOARD DATE:	        16 July 2009

		DOCKET NUMBER:  AR20090004416 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.

2.  The applicant states, in effect, that the Army Discharge Review Board (ADRB) upgraded his discharge to honorable but the narrative reason for separation was not changed.

3.  The applicant provides the ADRB Case Report and Directive in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 October 1998.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 91W (Nuclear Medicine Specialist).

2.  On 11 April 2002, the applicant was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, for misconduct, commission of a serious offense.  The applicant's unit commander based his recommendation for separation on a random urinalysis on 21 February 2002 for which the applicant tested positive for marijuana.

3.  On 20 May 2002, the appropriate authority approved the recommendation and directed that the applicant be separated with a general discharge under honorable conditions.

4.  On 10 June 2002, the applicant was discharged, under the provisions of Army Regulation 635-200, paragraph 14-12c, with a general discharge under honorable conditions and with a narrative reason for separation of misconduct.  He had completed 3 years, 7 months, and 19 days of creditable active service.

5.  On 21 May 2008, the ADRB voted to upgrade the applicant's discharge to fully honorable.  The ADRB, while not condoning the applicant's misconduct, determined that the overall length and quality of his service and his post-service accomplishments mitigated the discrediting entries in his service record.  The ADRB determined that the reason for discharge was both proper and equitable and voted not to change it.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  First time drug offenders in the grade of sergeant and above, and all Soldiers with 3 years or more of total military service, active and reserve, will be processed for separation upon discovery of a drug offense.  All Soldiers must be processed for separation after a second offense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was separated as a result of testing positive for marijuana use.  

2.  The ADRB upgraded the applicant's discharge to honorable but determined the reason for discharge was both proper and equitable.

3.  There is insufficient evidence to show the applicant was improperly discharged or that the narrative reason for separation was in error or unjust.  Therefore, the narrative reason for discharge was properly assigned.  As a result, there is no basis to grant the applicant's request.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _X   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090004416



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004416



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1