MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 October 2002
	DOCKET NUMBER:   AR2002076069

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		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, that the narrative reason for his separation be deleted from his report of separation (DD Form 214).

APPLICANT STATES:  In effect, that he took to misusing drugs because of all of the personal and family tragedies in his life before and after his enlistment and now desires to have his DD Form 214 corrected to remove the stigma of a former drug user.  He continues by stating that his drug use had increased before he entered the Army and it was his father who suggested that he could get the help he needed in the Army.  Since his discharge he has entered into and completed a rehabilitation program that has helped him remain drug and alcohol free.  In support of his application he submits letters of support from his parents and two pastors.

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

He enlisted in the pay grade of E-4 on 13 August 1991, for a period of 3 years, training as a cargo handler and enrollment in the Army College Fund.  At the time of his enlistment he indicated that he had never used illegal drugs.  He successfully completed his training and was transferred to Fort Story, Virginia, for duty as a cargo handler.

In January 1992, he admitted himself to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) and came up positive during two urinalysis while in the program.  He came up positive on a unit urinalysis in June 1992 and was terminated from the ADAPCP as a rehabilitation failure in July 1992. 

On 19 August 1992, nonjudicial punishment (NJP) was imposed against him for the wrongful use of cocaine.  His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.

On 29 September 1992, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct due to his abuse of illegal drugs.  After consulting with counsel the applicant acknowledged that he understood his rights and elected not to submit a statement in his own behalf.

The commander submitted the recommendation on 13 October 1992.  The appropriate authority approved the recommendation on 30 October 1992 and directed that he be furnished a General Discharge Certificate.

Accordingly, he was discharged under honorable conditions on 9 November 1992, under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct due to abuse of illegal drugs.  He had served 1 year, 2 months and 27 days of total active service.

He applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge and removal of all derogatory information/comments from his DD Form 214 on 25 March 2002.  He contended that the Army was indirectly involved in his relapse because he was deceived by his recruiter and was not afforded the opportunity to change to an aviation related specialty or apply for Officer Candidate School.  The ADRB reviewed the facts and circumstances of the case and determined that because limited use evidence (ADAPCP self-referral) was used in the separation proceedings, the regulation required the issuance of an honorable discharge.  The ADRB also noted that the regulation in effect today, only required the narrative reason of “Misconduct” with no mention of the use of illegal drugs.  Accordingly, the ADRB voted to upgrade his discharge to honorable and to remove the portion of the narrative reason for separation as pertained to “Abuse of Illegal drugs.”  The ADRB approved the changes on 19 June 2002.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service.  Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense.  Those in pay grades below E-5 may also be processed after a first time drug offense and must be processed for separation after a second offense.  In the event that limited use evidence is used to effect separation, no less than an honorable discharge will be given.

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.  Notwithstanding the actions of the ADRB, the Board finds that the applicant was properly separated for misconduct under the provisions of the regulation in effect at the time and the Board finds no basis to direct any other changes to his DD Form 214.

2.  The Board has noted the applicant’s contentions and applauds his efforts at rehabilitation.  However, the applicant was not truthful when he came into the Army in regards to his drug use activities and did not succeed in the rehabilitation program while in the Army.  Accordingly, his DD Form 214, as changed by the ADRB, properly indicates the narrative reason and authority for his separation from the service. 

3.  The Board has noted the supporting letters submitted by the applicant with his application and finds that they are not sufficiently mitigating to warrant relief when compared to the seriousness of his offenses and his overall undistinguished record of service. 

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

__wtm___  __inw___  ___cg___  DENY APPLICATION

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

INDEX

CASE ID	AR2002076069	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/10/03	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  191	110.0200/RSN/AUTH	
2.		
3.		
4.		
5.		
6.