RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 APRIL 2004
      DOCKET NUMBER:   AR2003099740


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Roger W. Able                 |     |Chairperson          |
|     |Mr. Robert J. Osborn II           |     |Member               |
|     |Ms. Yolanda Maldonado             |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his general discharge be upgraded to fully
honorable and that his RE (Reentry) Code be changed from RE-4 to RE-3.

2.  The applicant states, in effect, that he truly regrets the shame he
brought to his family, himself, and the Army.  He states that although his
separation document indicates that the reason for his separation was
"misconduct" it was actually based on his testing positive for marijuana
during a urinalysis test.

3.  He states that he was just turning 19 at the time and was "hanging with
the wrong crowd."  He states that he did not find out about the positive
urinalysis until 3 January 2002 and when he was tested 30 days after the
first urinalysis he came up positive again.  He states at that point he
just gave up and notes that he was not given an opportunity to attend
substance abuse classes.

4.  The applicant states that since being discharged he has not smoked any
marijuana and has been trying to find work, without much success.  He
states that he has a 5-month-old daughter and his fiancé is taking care of
the baby and him without any help because he is unable to find a good job.


5.  He states that if he were given another chance he "would not blow it
with a positive urinalysis testing again" and would do his best everyday to
complete his term.  He states he wants to service his country again.

6.  The applicant provides no evidence, beyond his self-authored statement,
in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant entered
active duty on 25 August 2000.  He was less than 2 months shy of his 18th
birthday at the time of entrance on active duty.  He successfully completed
basic and advanced individual training and was promoted to pay grade E-3.

2.  In February 2002 the applicant was punished under Article 15 of the
Uniform Code of Military Justice (UCMJ) after testing positive for
marijuana use on
7 December 2001 and 7 January 2002.  His punishment included reduction to
pay grade E-1.

3.  In a sworn statement, rendered on 4 January 2002 to the Criminal
Investigation Division (CID) after the first positive urinalysis, the
applicant reported smoking marijuana with two girls he met at a club in
downtown El Paso, Texas.  He stated that he knew it was a violation of the
UCMJ and that he was fully aware of his actions.

4.  In a second sworn statement, rendered on 13 February 2002, after his
second positive urinalysis test, the applicant states that he was on leave
in Michigan between 21 December 2001 and 3 January 2002 and purchased "two
dime bags" of marijuana.  He indicated that he smoked the marijuana while
he was "walking around."  He stated that he then went to a friend's house
but did not smoke any marijuana there "because all my friends in Flint do
not smoke weed."

5.  In that same statement, the applicant admitted to using marijuana the
same day as his initial interview with the CID on 4 January.  When asked
why he had smoked marijuana following the initial interview, the applicant
responded that he "figured [he] was already in trouble so smoked some more
weed."  He also stated that he had smoked marijuana four times on 8
February 2002.

6.  A 26 March 2002 mental status evaluation found the applicant fully
alert and oriented, his thought process clear and normal, and cleared him
for any administrative action deemed appropriate by his command.  The
evaluation also noted that the applicant was enrolled in the ASAP (Army
Substance Abuse Program) "for marijuana abuse" and recommended continued
enrollment in a Substance Abuse Recovery Program of some type.

7.  On 12 April 2002 the applicant's commander initiated actions to
administratively separate the applicant from the Army under the provisions
of Army Regulation 635-200, paragraph 14-12c(2).  She informed the
applicant that she was recommending that he receive a general discharge.

8.  The applicant acknowledged receipt of the proposed separation,
consulted with counsel and did not submit any statements in his own behalf.

9.  The commander's recommendation was approved and on 6 May 2002 the
applicant was discharged under the provisions of Army Regulation 635-200,
paragraph 14-12c.  His service was characterized as under honorable
conditions and he was issued a general discharge certificate.

10.  His separation document indicates that the reason for his separation
(item 28) was "misconduct" and he received a RE Code of 4.

11.  Army Regulation 635-200 establishes the policies and provisions for
the separation of enlisted Soldiers.  While Chapter 14 applies to various
reasons for separation for misconduct, paragraph 14-12c(2) specifically
applies to abuse of illegal drugs.  A discharge under other than honorable
conditions is normally appropriate for a Soldier discharged under this
chapter. However, the separation authority may direct a general discharge
if such is merited by the Soldier's overall record.

12.  Army Regulation 635-200 also states that an honorable discharge is a
separation with honor.  The honorable characterization is appropriate when
the quality of the Soldier’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.

13.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned RE Codes, based on their
service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the US Army Reserve.  That
regulation prescribed basic eligibility for prior service applicants for
enlistment and includes a list of armed forces RE Codes.  RE-4 applies to
individuals who were separated from their last period of service with a non-
waivable disqualification.  Soldiers involuntarily separated under any
provisions of Army Regulation 635-200 are ineligible for reenlistment and
receive an RE-4, including those separated under the provisions of Chapter
14.

14.  On 17 December 2003 the Army Discharge Review Board unanimously denied
the applicant's petition to upgrade the character of his discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.  His successful completion of training
and promotion to pay grade E-3, clearly indicates that the applicant was
capable of fully honorable service, in spite of being only 17 years old at
the time of his enlistment.

2.  The fact that the applicant has now come to realize the consequence of
his less than fully honorable discharge, that he may be unable to return to
military service, and his contention that he has is unable to find meaning
employment to support his family, has been noted.  However, neither factor
outweighs the seriousness of his conduct while in the military and does
not, in this case, provide an adequate basis upon which to grant relief as
a matter of equity.

3.  The evidence confirms that the applicant’s RE Code was assigned based
on the fact that he was not qualified for continuous service at the time of
his separation.  The applicant’s RE Code is appropriate considering the
basis for his separation, and there is no basis to correct the existing
code.  The fact that he may be unable to return to military service is not
sufficient justification to change the applicant’s RE Code.
4.  The applicant’s discharge was accomplished in accordance with
applicable laws and regulations and he was assigned an appropriate RE Code.
 In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RWA__  __RJO__  __YM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            _____Roger W. Able_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003099740                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040413                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |