MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 June 2003
	DOCKET NUMBER:   AR2002082743

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Karen A. Heinz		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 the separation authority and the separation code that he was assigned at the time of his discharge be changed.

APPLICANT STATES:  In effect, that it has been 14 years since his discharge and that it is time to change his general discharge to honorable.

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

On 18 November 1982, he enlisted in the Army for 4 years in the pay grade of 
E-3.  He successfully completed his training as a single channel radio operator.  On 17 November 1986, he reenlisted in the Army for an additional 3 years and on 30 July 1987, he extended his reenlistment for 13 months.

He was promoted to the pay grade of E-4 on 13 November 1983 and to the pay grade E-5 on 3 July 1987.

Nonjudicial punishment was imposed against the applicant on 3 November 1987, for using marijuana between 23 March and 31 March 1987.  His punishment consisted of a reduction to the pay grade of E-4, a forfeiture of pay and extra duty.

Action to eliminate the applicant from the Army under the provisions of Army Regulation 635-200, chapter 14, was initiated on 6 November 1987.  His commanding officer cited misconduct as a result of abuse of illegal drugs as a basis for the recommendation for discharge.  

The applicant notified that he was being recommended for discharge on 6 November 1987.  He acknowledged receipt of the notification on 10 November 1987 and after consulting with counsel, he indicated that he would be submitting a statement in his own behalf.  However, a review of the available records fails to show that a statement was ever submitted.

The appropriate authority approved the recommendation for discharge on 4 December 1987 and directed that he be furnished a General Discharge Certificate.  Accordingly, on 18 December 1987, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, based misconduct as a result of abuse of illegal drugs.  He had completed 5 years, 1 month and 1 day of total active service and he was furnished a General Discharge Certificate.

The Certificate of Release or Discharge that he was furnished at the time of his discharge shows his separation authority as Army Regulation 635-200, chapter 14-12c, section III (acts or patterns of misconduct – commission of a serious offense) and his separation code as JKK (misconduct – drug abuse).

There is no evidence of record that shows that the applicant 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 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 drug offense and must be processed for separation after a second offense.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

Army Regulation 635-5-1, in effect at that time, prescribed the specific separation codes to be entered on the Certificate of Release or Discharge (DD Form 214).  It states that when a soldier is released from active duty as a result of misconduct based on drug abuse the soldier will be assigned a JKK separation code.

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 Board has noted the applicant’s contentions.  However, he was discharged for under the provisions of Army Regulation 635-200, chapter 14, based on misconduct as a result of illegal drug abuse and the separation authority currently reflected on his DD Form 214 is correct.

3.  The applicant was assigned a separation code in accordance with the appropriate regulation and the fact that it has been over 14 years since he was discharged is not a sufficient basis to warrant the relief requested.

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

__tbr____  ___kh___  ___ao___  DENY APPLICATION

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

INDEX

CASE ID	AR2002082743	
SUFFIX		
RECON		
DATE BOARDED	2003/06/05	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	19871218	
DISCHARGE AUTHORITY	AR 635-200, CH 14	
DISCHARGE REASON	626	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.   191	110.0200	
3.		
4.		
5.		
6.