MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 January 1999                                      
	DOCKET NUMBER:   AC98-10688/AR1999015692

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Robert W. Garrett 		Member	
	Ms. Deborah S. Jacobs 		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 general discharge (GD), dated 17 July 1984, be upgraded to an honorable discharge (HD).

APPLICANT STATES:  That “established procedure was not followed,” that he was not properly advised by legal counsel, and that he was not allowed to present witnesses.  He adds that he was a good soldier and is a good citizen.

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

In May 1983, he was a staff sergeant (SSG, E6) serving as a shift leader in food service preparation at Fort Bragg, North Carolina.  He had entered the Regular Army on 3 September 1970 and had remained on continuous active duty through successive enlistments on 28 August 1972, 30 May 1978, and 30 April 1982.

On 22 November 1983, the applicant received nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for dereliction of duty, disobeying an order, and failure to repair.  He forfeited $120.00 and performed 14 days of extra duty.  In November 1983, he tested positive for marijuana in a unit drug screening.  He received a second NJP and was reduced from E6 to E5 and forfeited $400.00 over a 2 month period.

The applicant’s chain of command notified him that he was being processed for separation for unsatisfactory performance under the provisions of AR 635-200, Chapter 13.  He consulted with legal counsel who explained the process and his rights.  He elected to have his case heard by a board of officers.  A board of officers was convened on 13 April 1984.  The applicant was present and represented by legal counsel.  He presented numerous character witnesses who testified that he was a good soldier and leader.  In the end, the board voted to recommend that he be separated with a GD under the provisions of Chapter 13, AR 635-200.  The approving authority approved the recommendation and the applicant was separated with a GD on 17 June 1984.  He had 13 years, 10 months, and 14 days of creditable service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  Army policy states that a general discharge, under honorable conditions is normally considered appropriate, but an honorable discharge may be granted in meritorious cases.

On 9 September 1998, the Army Discharge Review Board (ADRB) reviewed the applicant’s case and declined to upgrade his 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.  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 the aforementioned requirement.

2.  The applicant, by violating the Army's policy not to possess or use illegal drugs, compromised the special trust and confidence placed in a non-commissioned officer (NCO).  The applicant, as an NCO, had the duty to support and abide by the Army's drug policies.  By abusing illegal drugs, the applicant knowingly risked a military career and this misconduct diminished the quality of service below that meriting a fully honorable discharge.

3.  The discharge proceedings were conducted in accordance with applicable law and regulations and it appears that the applicant received competent legal advice and a vigorous defense in his hearing before a board of officers.  The character of the discharge is commensurate with the applicant's overall record of military service and the nature of his misconduct.  His prior service and his post-service citizenship are not sufficiently meritorious to warrant a change.

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

___JH___  __RWG      __DSJ__  DENY APPLICATION

						Loren G. Harrell
	  Director
INDEX

CASE ID	AR1999015692	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990120	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	19840617	
DISCHARGE AUTHORITY	AR 635-200/13	
DISCHARGE REASON	A74.00	
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.0000	
2.		
3.		
4.		
5.		
6.