MEMORANDUM OF CONSIDERATION


	IN THE CASE OF: 
	BOARD DATE:              30 September 1998               
	DOCKET NUMBER:      AC97-05738

	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. Loren G. Harrell

Director

Mr. Joseph A. Adriance

Analyst


  The following members, a quorum, were present:


Ms. Irene N. Wheelwright 

Chairperson

Mr. Raymond V. O’Connor Jr.

Member

Mr. James M. Alward

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 reason for his discharge be changed from drug-abuse-rehabilitation failure to a medical discharge.

APPLICANT STATES:  In effect, that he was being treated for a back ailment and was taking medication at the time.

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

On 11 August 1982 the applicant entered the Regular Army for 3 years at the age of 22.  He successfully completed One Station Unit Training (OSUT) and the basic airborne course at Fort Benning, Georgia.  Upon completion of training he was awarded military occupational specialty (MOS) 11 B (Infantryman),the additional skill identifier (ASI) of P (Parachutist), and assigned to overseas duty in Germany for his first permanent duty station.

The applicant’s record shows that the highest grade he held on active duty was private/E-2 and documents no acts of valor, achievement, or service warranting special recognition.  

On 31 May 1983 the applicant received a letter of reprimand for his illegal use of a controlled substance.  This letter was based on a positive urine sample taken from the applicant during a unit test.  The applicant’s sample tested positive for THC (marijuana).  The letter contained a warning to the applicant that his further abuse of illegal substances could result in a recommendation for his separation from the service.  

On 7 June 1983 the applicant was enrolled in Track II of the Army Drug and Alcohol Prevention Control Program (ADAPCP) based on his positive urinalysis. 

On 6 October 1983 the applicant accepted nonjudicial punishment (NJP), under the provisions of Article 15 of the UCMJ, for wrongfully using marijuana based on a positive urine sample.  His punishment for the offense included reduction to the rank of private/E-1, forfeiture of $150.00, and 14 days of extra duty and restriction.

On 18 October 1983 the Clinical Director of the counseling center prepared a synopsis of the applicant’s ADAPCP rehabilitation activities.  The statement  recommended the applicant be declared a rehabilitative failure from the ADAPCP.  The clinical director cited the applicant’s failure to attend 2 of 
3 scheduled counseling sessions; his positive test for THC, and his poor duty performance while enrolled in the program as the basis for his recommendation. 

On 28 October 1983 the applicant’s unit commander declared the applicant an ADAPCP rehabilitation failure, and notified the applicant he intended to recommend his separation, under the provisions of chapter 9, AR 635-200.  The applicant consulted counsel, and after being advised of the basis for the contemplated separation action and its effects, completed his election of rights and elected to submit a statement in his own behalf.  The unit commander initiated the separation action citing the applicant’s continued drug abuse and lack of motivation to rehabilitate in the ADAPCP or the unit as his reasons for taking the action.

On 1 November 1983 the applicant underwent a complete separation physical examination.  The clinical evaluation contained normal findings in all areas to include the applicant’s back.  There were no physical profile limitations annotated and competent medical authorities found the applicant fully qualified for retention/separation with no medical prohibitions.

On 16 November 1983 the appropriate authority approved the applicant’s separation and directed he be issued a general, under honorable conditions discharge.  Accordingly, on 6 December 1983 the applicant was discharged after completing 1 year, 3 months, and 26 days of active military service.

There is no evidence that the applicant applied to the Army Discharge Review Board for a change to the reason for his discharge.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.   Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  A member who has been referred to ADAPCP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. 

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 Board concludes the applicant’s contentions, that he should have received a medical discharge because he was being treated by medical personnel and taking medication at the time are unfounded.  The evidence of record clearly shows the applicant underwent a complete medical examination at the time of his discharge and was cleared for separation by competent medical authorities. 

2.  The evidence of record documents that the applicant was enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program.  As a result of the applicant’s actions and after consultation with the drug and alcohol abuse counselor, the command declared the soldier a rehabilitation failure.  The documented record establishes that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. 

3.  The discharge proceedings were conducted in accordance with law and regulation applicable at the time.  The reason for and the character of the discharge are commensurate with the applicant's overall record of military 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 the aforementioned 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

________  ________  ________  DENY APPLICATION




						Loren G. Harrell
						Director