| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. Hubert O. Fry | Member |
APPLICANT REQUESTS: In effect, that his discharge be revoked and that he be transferred to the Retired Reserve.
APPLICANT STATES: That he has 20 good years and is eligible to retire. He provides a copy of his discharge order, retirement point record, and a U. S. Army Reserve Personnel Command memorandum addressed to him, dated
19 November 1998, notifying him of his eligibility for retired pay at age 60.
EVIDENCE OF RECORD: The applicant's military records show:
That he was a sergeant first class (SFC) in the U. S. Army Reserve (USAR) assigned to a Reserve Troop Program Unit (TPU), Headquarters and Headquarters Company, 94th Reserve Support Command, at Fort Devens, Massachusetts. His record shows that he served continuously as an enlisted member of the Reserve Components from 17 October 1977. As of 16 October 1998, he had 20 years qualifying for retired pay at age 60.
On 2 May 1998, the applicant provided a urine specimen in a unit drug screening urinalysis test. On 6 May 1998, the Drug Testing Laboratory at Fort Meade, Maryland, identified the applicant's specimen as testing positive for THC (marijuana) by both the KIMS (Kinetic Interaction of Microparticles in Solution) test and gas chromatography/mass spectrometry.
On 7 June 1998, the applicant's commander notified him by memorandum that he was initiating separation from the USAR under Army Regulation 135-178, paragraph 7-11c1, for misconduct due to testing positive for THC. On 19 July 1998, the applicant requested that his case be heard by an administrative separation board. On 6 March 1999, the applicant, with counsel, appeared before a board of officers conducted in Boston, Massachusetts. After hearing testimony and reviewing evidence, the board found that the allegation of the use of illegal drugs, specifically, the use of marijuana by the applicant on or about
2 May 1998, was supported by a preponderance of evidence. The board determined that the findings warranted separation of the applicant and recommended an honorable discharge based on his record of service. The recommendation was approved by the commanding general and the applicant was so discharged from the USAR on 18 April 1999.
Army Regulation 135-175, paragraph 7-11c1, in effect at the time, stated, in pertinent part, that abuse of illegal drugs is serious misconduct. Soldiers in the rank of sergeant (SGT) and above will be processed for discharge on discovery of a drug offense.
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 applicant, a senior noncommissioned officer, was properly and justly discharged for misconduct in the abuse of illegal drugs according to regulation and policy. As such, there is no justification for revoking his discharge. Since he was discharged and has no military status, he is not eligible for transfer to the Retired Reserve. It is noted that he committed the misconduct on 2 May 1998, which was before he completed 20 years on 17 October 1998. However, his discharge does not prevent him from applying for retired pay when he reaches age 60.
2. 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
__jp____ ___gw___ ___hf___ DENY APPLICATION
| CASE ID | AR2001066022 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020723 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 19990418 |
| DISCHARGE AUTHORITY | AR 135-178, para 7-11c1 |
| DISCHARGE REASON | Misconduct due to positive drug test |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 129.02 – Revocation of Orders |
| 2. | 135.01 – Transfer between Components |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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