MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 April 2003
         DOCKET NUMBER: AR2002080923

         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. John N. Slone		Chairperson
Mr. Thomas Lanyi		Member
Mr. Bernard P. Ingold		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)

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APPLICANT REQUESTS: In effect, that his general discharge be upgraded to fully honorable.

APPLICANT STATES: In effect, that he previously received an honorable discharge during his prior service and desires to have his most recent discharge upgraded to fully honorable.

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

He initially enlisted Chicago, Illinois, on 25 February 1971, for a period of 3 years and training in the administrative career management field. He successfully completed his training and was transferred to Germany for duty as a clerk. He was advanced to the pay grade of E-3 on 22 October 1971.

On 3 January 1972, nonjudicial punishment (NJP) was imposed against him for wrongfully appropriating and wrecking a jeep. His punishment consisted of a reduction to the pay grade of E-2, a forfeiture of pay and extra duty.

He was again advanced to the pay grade of E-3 on 1 June 1972 and on 16 November 1972, NJP was again imposed against him for the wrongful use of marijuana in hashish form. His punishment consisted of a reduction to the pay grade of E-2 (suspended for 2 months), a forfeiture of pay (suspended for 2 months) and extra duty.

On 29 June 1973, NJP was imposed against him for the wrongful possession of marijuana in hashish form. His punishment consisted of a reduction to the pay grade of E-2, a forfeiture of pay ($70.00) and extra duty. He appealed the punishment contending that he could not afford a forfeiture of pay and his appeal was denied.

On 16 August 1973, he was admitted as a patient to a military hospital in Germany and was subsequently transferred to the Great Lakes Naval Hospital in Illinois. Upon release from the hospital, he was transferred to Fort Leonard Wood, Missouri, on 10 September 1973.

On 20 November 1973, NJP was imposed against him for failure to go to his place of duty. His punishment consisted of a reduction to the pay grade of E-2 (suspended for 45 days), a forfeiture of pay ($50.00) and extra duty. He again appealed the forfeiture of pay and again his appeal was denied.

He was advanced to the pay grade of E-3 on 30 January 1974 and on 25 February 1974, he was honorably released from active duty (REFRAD) on the expiration of his term of service (ETS). He had served 3 years of total active service and had 1 day of lost time due to being absent without leave (AWOL). He was issued a Reentry Code (RE) of RE-3B.
On 5 February 1980, the applicant was granted a waiver (RE Code) and enlisted in the Regular Army for a period of 3 years, training as a supply specialist and assignment to Korea. At the time of his enlistment, he indicated on his enlistment contract (DD Form 1966/5), that he had never been involved in the use, purchase, possession or sale of marijuana or any other harmful or habit forming drugs.

He successfully completed his training and was transferred to Korea on 8 May 1980. He was advanced to the pay grade of E-4 on 1 July 1980. He completed his tour in Korea on 4 June 1981 and was subsequently transferred to Fort Lewis, Washington.

On 23 December 1981, NJP was imposed against him for the wrongful possession of marijuana and for turning over a table full of drinks in the Noncommissioned Officer's Club. His punishment consisted of a reduction to the pay grade of E-1 (suspended until 21 March 1982), a forfeiture of pay, extra duty and restriction.

The applicant was command referred to the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for evaluation on 19 February 1982.

On 2 June 1982, NJP was imposed against him for being AWOL from 27 April to 30 April 1982, for failure to go to his place of duty and for the wrongful possession of marijuana. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay, extra duty and restriction.

On 3 June 1982, the applicant was declared a rehabilitation failure of the ADAPCP due to his failure to remain abstinent of drugs while in the program, his refusal of residential treatment and his declaration that he did not intend to discontinue use.

On 16 June 1982, the applicant's commander initiated action to separate him from the service under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse, based on his rehabilitation failure.

The applicant waived his rights to counsel and treatment in a Veterans Affairs (VA) Medical Center and elected not to submit a statement in his own behalf.

The appropriate authority approved the recommendation for discharge and directed that he be furnished a General Discharge Certificate.

Accordingly, he was discharged under honorable conditions on 23 June 1982, under the provisions of Army Regulation 635-200, chapter 9, for alcohol or other drug abuse. He had served 2 years, 4 months and 16 days of active service during his current enlistment and had 3 days of lost time due to AWOL.
There is no indication in the available records to show that he 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 9 of that regulation contains the authority and outlines the procedures for discharging individuals because of alcohol and/or drug abuse. A member may be separated because of inability or refusal to participate in, or successfully complete a rehabilitation program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Characterization of service will be determined solely by the soldier’s military record that includes the soldier’s behavior and performance during the current enlistment. An honorable discharge is a separation with honor and is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty. A general discharge is a separation from the Army under honorable conditions. It is issued to soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. There are no automatic provisions, nor have there ever been, to automatically upgrade a discharge made under these provisions.

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 applicant’s administrative separation was accomplished in accordance with applicable regulations with no evidence of any violations of the applicant’s rights. Accordingly, his service was properly characterized and he has provided no evidence to justify an upgrade of his discharge.

3. The applicant’s contentions have been noted by the Board. However; the evidence of record clearly shows not only that he had a drug problem in his first enlistment, but that he concealed this information at the time of his second enlistment.

4. The Board has reviewed the applicant's records and finds that he was afforded every opportunity available to not only succeed as a soldier but to overcome his drug/alcohol problems as well. The applicant chose not to do so and as such, his service did not rise to the level required of an honorable discharge.

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

___js____ ___bpi __ ___tl____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002080923
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2003/04/29
TYPE OF DISCHARGE	GD
DATE OF DISCHARGE	1982/06/23
DISCHARGE AUTHORITY	AR635-200/CH9
DISCHARGE REASON	DRUG ABUSE FAILURE
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 680	144.6900/A69.00
2.
3.
4.
5.
6.