| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. James E. Anderholm | Member | |
| Ms. Charmane Collins | Member |
APPLICANT REQUESTS: That his military record be corrected to show that he has no major felonies or convictions.
APPLICANT STATES: That his commander told him that information concerning his positive urinalysis would be placed in his restricted record since it was the first time that he tested positive, and that after he left Fort Knox, Kentucky, no outside agencies would have access to the information.
EVIDENCE OF RECORD: The applicant's military records show:
On 10 July 1997, he enlisted in the U.S. Army Reserve Delayed Entry Program (DEP) for 8 years. On 3 September 1997, he was discharged from the DEP and enlisted in the Regular Army for 4 years and training in military occupational specialty (MOS) 91B (Medical Specialist). He completed the training requirements and he was awarded MOS 91B. On 4 March 1998, he was assigned to Fort Knox.
The applicant's official military personnel file does not contain any information concerning a felony or any other type of conviction. However, a Criminal Investigation Division (CID) Report of Investigation (ROI) indicates that, on
21 July 2000, the applicant provided a urine specimen during a routine unit urinalysis that subsequently tested positive for Tetrahydrocannabinol, an active ingredient found in marihuana.
On 7 August 2000, the applicant was advised of his legal rights. He waived his rights and provided a sworn statement admitting in great detail where he purchased the marihuana, from whom he purchased the marihuana, and that he consumed the marihuana in his barracks room. A CID ROI was initiated as a result of the information the applicant provided.
The CID ROI established probable cause to believe that the applicant committed the offenses of wrongful use and possession of marihuana. The subject CID ROI was referred to the applicant's chain of command on/about 19 September 2000.
On 27 October 2000, nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), was imposed against the applicant by his unit for wrongful possession and use of marihuana. His punishment included reduction from pay grade E-4 to pay grade E-2 and 45 days of extra duty. This NJP is not contained in his official military personnel file.
On 2 September 2001, the applicant was separated under the provisions of chapter 4, Army Regulation 635-200, due to completion of required active service with an honorable discharge. He had completed 4 years of creditable active military service. He had no recorded lost time.
There is no evidence available to indicate that the applicant has ever requested that the Department of the Army, U.S. Army Criminal Investigation Command, 6010 6th Street, Fort Belvoir, Virginia 22060-5506 amend his ROI.
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 found no evidence of arbitrary or capricious actions by the command. The Board concluded that the applicant’s command appropriately informed the CID of his positive urinalysis and a ROI was initiated after the applicant admitted that he had purchased marihuana from another soldier and that he used it in the barracks. There is no further derogatory information available concerning the applicant.
3. The decision to list a person's name in the title block of a CID ROI is purely an investigative determination based upon the existence of credible information that the individual so listed may have committed a criminal offense. Taking into consideration that the applicant admitted to wrongful possession and use of marihuana and given that his statement is a part of the CID investigation and report in the subject ROI, the Board believes the titling decision was proper.
4. The applicant may write to the U.S. Army Criminal Investigation Command at the above address to request that his ROI be amended.
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
__fne___ __jea___ __cc____ DENY APPLICATION
| CASE ID | AR2002074756 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021203 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 20011002 |
| DISCHARGE AUTHORITY | AR635-200 |
| DISCHARGE REASON | A03.00 |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.0300 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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