MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 August 2000                   
	DOCKET NUMBER:   AR1999031367

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley 		Chairperson	
	Mr. James E. Anderholm 		Member	
	Mr. Ronald E. Blakely 		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, he requests that his record be changed to show that his enlistment on 27 May 1998 is void.   

APPLICANT STATES:  He was sent to basic training even though there was a question about his eligibility for a security clearance.  When he arrived, his clearance was denied.  He was informed that his enlistment would be voided; however, instead he was discharged. 

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

The applicant enlisted in the Army Reserve Delayed Entry Program (DEP) for     8 years on 20 April 1998.  His record of military processing (DD Form 1966 series), which he completed on that date, shows that he admitted to marijuana use on approximately 3 occasions, and use of anabolic steroids on 4 occasions.  He was discharged from the DEP upon his enlistment in the Regular Army for     4 years on 27 May 1998, and assigned to Fort McClellan, Alabama for training.  

On 28 May 1998, in a “moment of truth” counseling, the applicant admitted to using marijuana on 14 occasions in June of 1995, using anabolic steroids on      5 occasions in May 1997, and using cocaine on 3 occasions in January 1998.

A 4 June 1998 report of mental status evaluation indicates that the applicant had reported a significant history of heavy alcohol use and illicit drug use/abuse beginning in early adolescence and continuing to within thirty days of entrance on active duty.  He also reported two instances of enrollment in outpatient drug and alcohol rehabilitation programs within the last twelve months.  Reported social history was consistent with his reported history of substance abuse.  The evaluating psychologist stated that it was his opinion that the applicant failed to meet procurement medical standards; however, given the applicant’s desire for separation from the Army, manipulative intent in reporting disqualifying drug use could not completely be ruled out.  He recommended that the applicant be given the opportunity to provide sworn statements regarding his reported history of drug and alcohol abuse.  He stated that the applicant was mentally responsible, had the mental capacity to understand and participate in proceedings, and met the medical standards for retention in the Army.  He diagnosed the applicant’s condition as alcohol abuse, cannabis abuse, hallucinogen abuse, and cocaine abuse.

In a 5 June 1998 sworn statement the applicant stated that he began smoking marijuana occasionally about 1992 or 1993, and abuse of that drug continued and increased.  He began using LSD when he was 15, and those drugs led to more drug use between ages 17 and 19.  He began taking XTC pills (“feel good” pills, sometimes depressants, usually stimulants, combination or narcotics) at age 17, which led to special K (a blend of cat tranquilizer and lemon juice cooked to a snortable form), cocaine, and other stimulant drugs.  Cocaine and alcohol abuse worsened during the past year.  His drinking of alcohol had increased to about three times a week, recently.  At the age of 18 he also began abusing anabolic steroids.  He did marijuana, cocaine, XTC, special K, all within the last 30 days (April – May 1998).  

On 8 June 1998 the applicant’s commanding officer informed the applicant that he was initiating action to discharge him from the Army for fraudulent enlistment under the provisions of Army Regulation 635-200, paragraph 7-18c.  The applicant stated that he had been advised of the basis for the contemplated action, its effects, the rights available to him, and the effect of any action in waiving his rights.  He declined to submit statements in his own behalf, and waived consulting counsel and representation by counsel.  He stated that he understood the nature and consequences of the general discharge that he might receive.  He stated that he understood that he was being considered for separation for fraudulent entry and that his enlistment might be voided under certain circumstances.  He stated that he had been afforded the opportunity to consult with counsel, but that he declined that opportunity.

The applicant’s commanding officer recommended to the separation authority that the applicant be discharged under the provisions of Army Regulation        635-200, paragraph 7-17, for fraudulent enlistment.  That officer stated that the applicant had withheld information about his previous alcohol and drug abuse.

On 10 June 1998 the separation authority approved that recommendation and directed that the applicant receive an entry level separation (uncharacterized).
The applicant was discharged on 15 June 1998 for fraudulent entry.  He had      19 days of service.   

Army Regulation 635-200, paragraph 7-17, provides for the discharge of individuals from the Army because of fraudulent entry, and states in pertinent part that fraudulent entry is the procurement of an enlistment through any deliberate misrepresentation, omission, or concealment of information which, if known and considered by the Army at the time of enlistment might have resulted in rejection.  This includes all disqualifying information requiring a waiver.  Paragraph 7-23 provides for an uncharacterized character of service if in an entry level status.  
  
Army Regulation 601-210 provides for the enlistment of individuals into the Army, eligibility criteria for enlistment, and waiver and nonwaiver disqualifications for enlistment.   Wrongful possession or use of narcotics or habit-forming drugs, while a felony offense, is a waivable disqualification.  Alcoholism and drug dependence are nonwaivable disqualifications. 

Army Regulation 635-200, chapter 11, sets policy and provides guidance for the separation of personnel while in entry level status, and states in pertinent part that the policy applies to soldiers who voluntarily enlisted in the Army and have completed no more than 180 days of service before the initiation of separation action.  

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 concealed the nature and the frequency of his illegal drug use.  His discharge for fraudulent entry was appropriate. The discharge proceedings were conducted in accordance with law and regulations applicable at the time. The character of the discharge is appropriate.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  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 that requirement.

 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

___sk___  ___jea___  ___reb__  DENY APPLICATION

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

INDEX

CASE ID	AR1999031367	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000808	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.00	
2.		
3.		
4.		
5.		
6.