MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            2 May 2002
	DOCKET NUMBER:    AR2001062880

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Christopher J. Posser       		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 under honorable conditions discharge be upgraded to an honorable discharge.

APPLICANT STATES:  That, in effect, despite the mistakes made he was a good soldier.  He asks for the discharge upgrade because he now wishes to join the Army National Guard.

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

The applicant entered the Regular Army on 27 October 1981 and was trained as a single channel radio operator and served continuously until his separation.  His highest rank held was specialist.

The applicant submitted no evidence.

On 3 September and 25 September 1985 he accepted nonjudicial punishment for the unlawful use of marijuana.

On 11 September 1985, the applicant underwent a mental status evaluation.  The psychologist determined that the applicant was cleared for any administrative action deemed appropriate by command.

On 20 September 1985, the applicant’s commander counseled him that he was being processed for elimination from the Army under the provision of Army Regulation 635-200, chapter 14.

On 7 October 1985 action was initiated to discharge the applicant from active duty for illegal drug abuse.  

The appropriate commander waived further rehabilitative efforts and directed that the applicant be separated with a general discharge.  Accordingly, on 22 October 1985 he was separated under the provisions of AR 635-200, chapter 14, for misconduct – drug abuse.  He had completed 3 years, 11 months, and 26 days of active service.

AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities; desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.

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 Board carefully reviewed the applicant’s record of service, the infractions of discipline and the length of time since his separation.  The applicant submitted no evidence of post service achievements or actions taken to overcome substance abuse.

2.  The Board noted his contentions that he was an otherwise good soldier. However, the Board concludes that the character of the discharge was commensurate with the applicant’s overall record of military service and that the discharge proceedings were conducted in accordance with the laws and regulations applicable at the time.

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 this 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

__fne___  ___cp __  ____wtm__  DENY APPLICATION

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

INDEX

CASE ID	AR2001062880	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	20020502	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  144.60		
2.   		
3.		
4.		
5.		
6.