MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           1 August 2000
	DOCKET NUMBER:   AR1999034019

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs 		Chairperson	
	Ms. Karol A. Kennedy 		Member	
	Mr. Ernest W. Lutz Jr.		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 the narrative reason for separation, “Drug Abuse Rehabilitation Failure,” be deleted from her DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT STATES:  That during her tenure with the U.S. Army from December 1976 to September 1984, she believes she performed up to standards and beyond.  She was often commended for a job well done; her records reflect her capability to perform.  An unfortunate mistake in her youth has left her with much regret for the last 15 years.  

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

She entered active duty on 1 December 1976.  Her assignment history includes Fort Campbell, Kentucky; an overseas tour in Germany; and Seneca Army Depot, New York.

While at Seneca Army Depot on 13 September 1984, the applicant was reported by the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) as failing to comply with treatment plans and goals, having not made satisfactory progress toward rehabilitation, and as displaying evidence indicating continued use of drugs.  It was noted that she was previously enrolled in the ADAPCP while stationed in Germany.  It was recommended that the applicant’s commander declare her a rehabilitation failure and initiate discharge action.

On 17 September 1984, the applicant acknowledged that she had been recommended for separation as a controlled substance abuse rehabilitation failure.  She consulted with counsel, waived consideration by a board of officers, and declined to submit a statement in her own behalf.  The separation authority approved the recommendation and directed the issuance of a General Discharge Certificate.  On 20 September 1984, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9.  She had 7 years, 9 months and 20 days of creditable active service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 contains the authority and outlines the procedures for discharging soldiers because of alcohol or other drug abuse.  A member who has been referred to ADAPCP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.

On 30 September 1999, the Army Discharge Review Board (ADRB) upgraded the applicant’s discharge to honorable, but denied her request to change the narrative reason for discharge.

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 had substance abuse problems prior to her enrollment in the ADAPCP at Seneca Army Depot.  While at Seneca Army Depot, she was declared a rehabilitation failure due to her continued use of illicit drugs.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations, with no indication of procedural errors which would tend to jeopardize her rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3.  Although the ADRB had previously upgraded her discharge to honorable, she has not provided evidence or shown to the Board that the narrative reason for separation is incorrect on her DD Form 214.

4.  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.

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

__dsj____  __kak___  __ewl ___  DENY APPLICATION

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

INDEX

CASE ID	AR1999034019	
SUFFIX		
RECON		
DATE BOARDED	20000801	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19840920	
DISCHARGE AUTHORITY	AR635-200 CH9	
DISCHARGE REASON	A53.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.