MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            6 May 2003
	DOCKET NUMBER:   AR2002082064

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		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 her discharge be voided and that she be restored to the United States Army Reserve (USAR) or as an alternative, that the narrative reason for separation be changed to a more favorable reason that will allow her to enlist in the USAR.

APPLICANT STATES:  In effect, that after having served over 17 years in the Reserve Components, she was unjustly discharged for using drugs; however, she did not use drugs and was punished for something she did not do.  She goes on to state that the military is her life and her career was unjustly terminated.

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

She initially enlisted in the Oklahoma Army National Guard (OKARNG) on 12 May 1984 and remained in the OKARNG until she was honorably discharged on 24 July 1997.  She enlisted in the USAR on 25 July 1997 and was promoted to the pay grade of E-5 on 8 December 1998.

On 28 September 2000, the applicant's commander notified her that he was initiating action to separate her from the service under the provisions of Army Regulation 135-178, chapter 7, due to misconduct – abuse of illegal drugs.  He cited as the basis for his recommendation, the positive urinalysis results of a sample provided by the applicant on 12 August 2000.  The sample tested positive for tetrahydrocannabinol (THC) and cocaine.

The applicant exercised her rights and requested to appear before a board of officers and to be represented by counsel.  The proceedings of the board are not present in the available records.  However, her records show that on 24 September 2001, she was discharged from the USAR, under honorable conditions, under the provisions of Army Regulation 135-178, paragraph            7-11.c.1, for misconduct – abuse of illegal drugs.  She had served 1 year, 3 months and 2 days of her current enlistment in the USAR for a total of 17 years, 4 months and 12 days of service.

The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharge, a change to the narrative reason for separation and restoration to the USAR.  The ADRB found that the length and quality of her service mitigated her misconduct and voted to upgrade her discharge to honorable. However, the ADRB found no basis to change the narrative reason for separation and denied that portion of her request.  The ADRB also informed her that it (that board) did not have the authority to restore her to the USAR and advised her to apply to this Board 

Army Regulation 135-178 serves as the authority for the separation of enlisted personnel serving in the USAR and Army National Guard.  Paragraph 7-11.c.1 of the regulation provides, in pertinent part, for the separation of enlisted personnel for misconduct – abuse of illegal drugs.  Normally personnel separated under this provision will be separated under other than honorable conditions; however, the regulation provided that a discharge under honorable conditions could be issued.

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.  In the absence of evidence to the contrary, the Board must presume that the applicant’s administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicant’s rights. Accordingly, she was given the proper narrative reason for her separation and she has failed to convince the Board that it should be changed to something other than the actual basis for her separation. 

3.  The Board has noted the applicant’s contentions that she was unjustly discharged and that she should be restored to the USAR.  However, they are not supported by the evidence submitted with her application or the evidence of record.  She was afforded an opportunity to present her evidence to dispute the urinalysis before a board of officers and apparently was not able to convince that board that she did not use the drugs that were detected.  Likewise, she has failed to convince this Board that the urinalysis was flawed.

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

__lem___  ___fe ___  ___lb ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002082064	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  191	110.0200/RSN/AUTH	
2.  192	110.0300/REINSTATE	
3.		
4.		
5.		
6.