MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 January 2002                   
	DOCKET NUMBER:   AR2001064155

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. John T. Meixell		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:  Reconsideration of his request to change his discharge in lieu of trial by court-martial to a medical discharge.

APPLICANT STATES:  That when his medical discharge was approved, he was not under any investigation and there was no reason for his orders to be delayed.  He had to take a urinalysis and the test returned positive for drugs.  The positive results were from an authorized prescription medication.  He showed his chain of command the medications and they also had his medical file and they were aware that the medications he was taking would alter the urinalysis test.  His clearance papers had already come down but he was not allowed to clear in an attempt to trump up charges against him.  He still has the medical condition he had which resulted in the Physical Evaluation Board determining he was unfit for duty and it has become more severe.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 3 May 2001 (docket number AR2000051060).

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’s original argument was that the urinalysis had been tampered with.  His current argument is that his prescribed medications resulted in a positive urinalysis.  In either case, the applicant could have elected to be tried by court-martial where these arguments could have been brought up as evidentiary matters.  He, instead, chose to request an administrative discharge rather than risk the consequences of a court-martial.  That request included an admission of guilt.  He may now feel that he made the wrong choice but he should not be allowed to change his mind at this late date.

2.  The overall merits of the case, including the latest submissions and arguments, are insufficient as a basis for the Board to reverse its previous decision.

3.  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___  __tsk___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001064155	
SUFFIX		
RECON		
DATE BOARDED	20020110	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.