MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           09 APRIL 2002
	DOCKET NUMBER:   AR2001066162

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, 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:  In effect, the applicant is requesting that his discharge under honorable conditions for misconduct – drug abuse, be upgraded to honorable.    

APPLICANT STATES:  That there were discrepancies [in analyzing data from his urinalysis test].  He states that he would like to enlist in the Army Reserve.  He states that he was involved with the wrong element at Fort Hood, Texas, ending his Army career.  His Army record was good.  His awards include the Parachutist Badge and two Army Achievement Medals.  He would like another chance.     

The applicant submits a copy of a 6 March 1986 DA letter informing him that the initial screening [of his urinalysis test] failed to satisfy regulatory prescriptions, and any unfavorable action taken against him as a result of his positive urinalysis report was subject, upon his request, to review and possible remedial action; and that he could petition this Board in order to correct his records.

EVIDENCE OF RECORD:  Incorporated herein by reference are military records which were summarized in a 9 September 1987 memorandum prepared to reflect the Board's  consideration of his request for reinstatement on active duty in his former pay grade, with the restoration of all rights, privileges, and property, to include promotion consideration to pay grade E-5 (AC86-03406).

On 18 September 1988, the Army Discharge Review Board, in an unanimous opinion, denied the applicant’s request to upgrade his discharge to honorable.  That board noted that the Army Board for Correction of Military Records (ABCMR) had removed from the applicant’s record all reference to the positive urinalysis received on 21 September 1984.  That board also noted that the applicant had two other incidents of drug abuse.

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 administrative discharge for misconduct – drug abuse, was proper.  There were no procedural errors which would tend to jeopardize his rights.  

2.  The Board notes the 6 March 1986 DA letter that the applicant has submitted with his application, to include the reference to the fact that his urine specimen did not meet the required cutoff levels during initial screening, failing to satisfy existing regulatory prescriptions.  However, the Board believes that this matter was adequately addressed in the 9 September 1987 decision which deleted all references to his 21 September 1984 urine specimen, while at the same time denying the applicant’s request for reinstatement on active duty, etc. 
3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

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 that 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

___RVO_  ___RJW _  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001066162	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020409	
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.	110.00	
2.	191	
3.		
4.		
5.		
6.