MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           14 January 2003
	DOCKET NUMBER:   AR2002078576

	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. Margaret K. Patterson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Mae L. Bullock		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 be upgraded to honorable.

APPLICANT STATES:  That he has met the time qualifications to be eligible for a discharge upgrade. 

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

He enlisted with a moral waiver in Guam on 28 November 1979, for a period of 4 years and training as an avionics special equipment repairman.  At the time of his enlistment, he indicated that he had used marijuana once.  He successfully completed is training and was transferred to Hawaii on 29 October 1980.  He was advanced to the pay grade of E-4 on 5 November 1981.

On 9 September 1982, he was enrolled in the Alcohol Drug Abuse Prevention and Control Program (ADAPCP) due to testing positive for marijuana during a urinalysis.  He was released from the ADAPCP on 12 April 1983 as a rehabilitative success by the commander.

However, he again tested positive for marijuana during a urinalysis conducted in a unit sweep on 17 June 1983 and was deemed a rehabilitative failure by a rehabilitation team meeting convened on 12 July 1983.

On 11 August 1983, 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, chapter 9, due to his drug abuse rehabilitative failure.

After consulting with counsel, the applicant elected to submit a statement in his own behalf whereas he asserted that he realized that he had been given a chance once before by his chain of command and must now accept the consequences for his actions.  However, realizing that he may not be able to remain in the Army, he requested that he be issued an Honorable Discharge Certificate.

The appropriate authority approved the recommendation for discharge on 25 August 1983 and directed that he be issued a General Discharge Certificate.  Accordingly, he was discharged under honorable conditions on 15 September 1983, under the provisions of Army Regulation 635-200, chapter 9, due to drug abuse rehabilitation failure.  He had served 3 years, 9 months and 18 days of total active service.

There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board’s 15-year statute of limitations.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 of that regulation contains the authority and outlines the procedures for discharging individuals because of alcohol and/or drug abuse.  A member may be separated because of inability or refusal to participate in, or successfully complete a rehabilitation program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.  Characterization of service will be determined solely by the soldier’s military record that includes the soldier’s behavior and performance during the current enlistment.  An honorable discharge is a separation with honor and is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty.  A general discharge is a separation from the Army under honorable conditions.  It is issued to soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  There are no automatic provisions, nor have there ever been, to automatically upgrade a discharge made under these provisions.

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 this requirement.

2.  The applicant’s administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicant’s rights.  Accordingly, he was given the proper narrative reason for his separation and he has provided no evidence to justify an upgrade of his discharge.

3.  The applicant had multiple incidents of misconduct involving drug abuse and the Board finds that such misconduct does not constitute fully honorable service.

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

____mb _  __mkp___  __jlp____  DENY APPLICATION

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

INDEX

CASE ID	AR2002078576	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/01/14	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1983/09/15	
DISCHARGE AUTHORITY	AR635-200/CH9	
DISCHARGE REASON	DRUG REHAB FAILURE	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  680	144.6900/A69.00/DRUG REHAB FAIL 	
2.		
3.		
4.		
5.		
6.