MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 17 JUNE 2003
         DOCKET NUMBER: AR2002083005

         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Hubert O. Fry, Jr.		Member
Ms. Marla J. Troup		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: That his general discharge be upgraded to honorable.
APPLICANT STATES: That he has no explanation for what happened in 1987; however, his life has changed. He is much older and wiser now. He deserves a second chance. He has been an outstanding citizen since his discharge. He has been a professional barber stylist for about 11 years and is opening his own business. He wants life better for himself. He served his country for 13 years.
He received awards. His record of promotions showed that he was generally a good soldier. He had a prior honorable discharge.

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

The applicant entered on active duty on 16 July 1974 and was honorably discharged 3 years later in the grade of E-4 on 15 July 1977. He served in the Army Reserves prior to his reenlistment in the active Army on 7 March 1978. He had continuous active service until his discharge in 1988.

The applicant served in various locations throughout the world, to include Fort Lewis, Washington; Germany; Fort Hood, Texas; Fort McClellan, Alabama; and Korea. He was awarded the National Defense Service Medal, the NCO Professional Development Ribbon, two awards of the Army Achievement Medal, the Army Commendation Medal, and four awards of the Army Good Conduct Medal, among others.

He was promoted to sergeant on 27 February 1980, reduced to specialist four on 5 May 1983 for willfully disobeying a lawful order from an NCO, and again promoted to sergeant on 2 October 1984. He was reduced to specialist four on 27 January 1988, prior to his discharge.

On 6 July 1981 the applicant received nonjudicial punishment under Article 15, UCMJ, for failure to go to his place of duty, and for missing the movement of his unit.

While stationed at Fort Hood in 1987 the applicant was counseled four times for his numerous failures to report for duty. He was counseled once for his failure to make payments on a bill, and once for failing a physical fitness test.

On 27 January 1988 the applicant received nonjudicial punishment under Article 15, UCMJ, for wrongfully using marijuana. He was reduced from sergeant, pay grade E-5, to specialist four, pay grade E-4.

The applicant's commanding officer notified the applicant that he was initiating action to discharge him under the provisions of Army Regulation 635-200, paragraph 14-12c for use of illegal drugs, in that he showed positive for marijuana on a urinalysis test.
The applicant consulted with counsel and requested consideration of his case by a board of officers. On 16 February 1998 the applicant's commanding officer recommended to the separation authority that the applicant be processed for separation for misconduct, recommending that the applicant receive an other than honorable discharge certificate. The separation authority approved the recommendation that the applicant be processed for separation, and on 2 March 1988 the applicant was notified to appear before a board of officers.

On 3 March 1998 the applicant consulted with counsel, stated that he had been advised of the contemplated action to separate him for misconduct, its effects, the rights available to him, and the effect of any action taken by him in waiving his rights. He stated that he understood that he was entitled to have his case considered by an administrative separation board. He stated that he voluntarily waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service no less than under honorable conditions – a general discharge. He also stated that he was making the request of his own free will and had not been subjected to any coercion whatsoever by any person. He elected not make a statement in his own behalf. The applicant stated that he understood the nature and consequences of the general discharge that he might receive.

The applicant's commanding officer recommended approval of his request, and on 30 March 1988 the separation authority approved the applicant's request, and directed that he be issued a General Discharge Certificate.

The applicant was discharged on 7 April 1988. He had over 13 years of service.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Paragraph 14-12c(2) states that abuse of illegal drugs is serious misconduct and that first time drug offenders, grades E5-E9 would be processed for separation upon discovery of a drug offense. A discharge under other than honorable conditions is normally appropriate for a soldier discharged for misconduct. A soldier may wish to waive his right to a hearing before an administrative separation board contingent upon receiving a characterization of service or description of separation higher than the least favorable characterization authorized for the separation reason. Soldiers electing to request a conditional waiver will submit a completed request. The appropriate separation authority may approve or disapprove the conditional waiver.

On 23 July 1991 the Army Discharge Review Board, in an unanimous decision, denied the applicant's request to upgrade his discharge.

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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 discharge proceedings were conducted in accordance with law and regulations applicable at the time. The applicant waived consideration of his case by a board of officers, showing that he wished to avoid the undesirable discharge recommendation that the board could have made. His general discharge was appropriate.

2. The applicant's contention that he is older and wiser now is not sufficiently mitigating to warrant relief. The Board notes that the applicant was over 30 years old at the time of his misconduct, had almost 13 years of service, and had been promoted to the rank of sergeant. He violated his trust as an NCO. He should have been older and wiser then.

3. The Board also takes note of the applicant's awards that he received while on active duty. The Board has taken cognizance of the applicant's profession of good post-service conduct. Neither of these factors, either individually or in sum, warrants 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

__FNE __ __HOF__ __MJT___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002083005
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030617
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.