RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 May 2004
      DOCKET NUMBER:   AR2003091182


      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. Rosa M. Chandler              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. James E. Anderholm            |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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, in essence, that his name and fingerprints be
removed from the computerized National Crime Information Center (NCIC)
records of the Federal Bureau of Investigation (FBI).

2.  The applicant states, in essence, he desires to work in law enforcement
and an FBI background check shows that he has an arrest record for an
offense for which he was never charged.  He wants his fingerprints removed
and the file number expunged from his record.  In a statement written to
the Board the applicant indicates that he received nonjudicial punishment
(NJP) under the provisions of Article 15, Uniform Code of Military Justice
(UCMJ) for failing a urinalysis test.  This information was provided to the
FBI even though a member of the Staff Judge Advocate (SJA) General's staff
told him that it would not.

3.  The applicant provides in support of his request a copy of an FBI
report from the Criminal Justice Information Services Division, Clarksburg,
West Virginia, dated 9 June 2003, which shows that he was arrested for, or
charged with wrongful use of a controlled substance.  He received NJP under
Article 15, UCMJ.  His punishment included reduction from private first
class to private, the forfeiture of $521.00 pay per month for 2 months, and
extra duty for 45 days.

CONSIDERATION OF EVIDENCE:

1.  On 10 December 1999, the applicant enlisted in the U.S. Army Reserve
Delayed Entry Program (DEP) for 8 years.  On 19 January 2000, at age 18, he
was discharged from the DEP and enlisted in the Regular Army for 2 years
and training in military occupational specialty (MOS) 63B (Light Wheel
Vehicle Mechanic).  He completed the training requirements and he was
awarded MOS 63B.  On 5 July 2000, the applicant was assigned to Fort
Leonard Wood, Missouri with duties in his MOS.

2.  The applicant's record contains a United States (US) Army Military
Police Report (MPR 01-MPR045-4508H---) that shows, on 7 January 2001, after
a disturbance was reported in the barracks area, the MP's responded and
detected the odor of an alcoholic beverage on the breath of the applicant
and another Soldier.  A check of identification cards revealed that both
Soldiers were under the legal drinking age for alcohol consumption.  Both
Soldiers were transported to the MP station and both voluntarily consented
to a breath test, which resulted in a reading of .099% for the applicant.
The applicant was advised of his rights, which he invoked, and was further
processed, titled, and released to his unit.

3.  On an unknown date, the applicant received a summarized NJP for failure
to obey an order or regulation for underage drinking.  His punishment
included 14 days of extra duty.

4.  On 16 January 2001, the applicant provided a urine specimen during a
routine urinalysis screening that tested positive for cocaine.  On 23
February 2001, the applicant was advised of his legal rights.  He waived
his rights and provided a sworn statement admitting in great detail that he
obtained cocaine from another Soldier and that he consumed the cocaine in
his barracks room.  He also admitted to smoking marijuana while in the
military and assigned to Fort Leonard Wood.  A Criminal Investigation
(Division) Command (CID) Report of Investigation (ROI) was initiated as a
result of the information the applicant provided.  ROI 01-CID045-84386---,
dated 23 February 2001, created by the US Army Criminal Investigation
(Division) Command (USACIDC), Fort Leonard Wood established probable cause
to believe the applicant committed the offense of wrongful use of a
controlled substance (cocaine).  The CID ROI was referred to the
applicant's chain of command.

5.  The evidence available shows that on 4 April 2001, NJP under the
provisions of Article 15, Uniform Code of Military Justice (UCMJ), was
imposed against the applicant.  The NJP proceedings are not available.

6.  The applicant’s DD Form 214 (Certificate of Release or Discharge from
Active Duty) indicates that he was separated on 21 June 2001, under the
provisions of chapter 14, Army Regulation 635-200, for misconduct.  He was
separated with a GD.  He had completed 1 year, 5 months and 3 days of
creditable active military service and he had no recorded lost time.

7.  The available records show that the Army Discharge Review Board denied
the applicant’s request for an upgrade of his discharge on 5 February 2003.
 However, the applicant's narrative reason for separation was changed from
"Misconduct-Pattern of Misconduct" to "Misconduct" under the aegis of
current standards.

8.  On 31 July 2003, the USACIDC, 6010 6th Street, Fort Belvoir, Virginia
22060-5506 advised the applicant that the Department of Defense (DOD)
established polices and procedures for reporting criminal history data to
the NCIC, for all military service members investigated by the DOD criminal
investigative organizations for commission of certain offenses and to those
who are subjects of resultant judicial or non-judicial military
proceedings.  Reporting information to the NCIC depends on the punishment
received.  The applicant was also advised
that he is listed as a subject in the USACIDC ROI shown in paragraph two
above for wrongful use of cocaine; that he received NJP under the UCMJ;
that his punishment included the forfeiture of $521.00 pay per month for
2 months, reduction from private first class to private, and 45 days of
extra duty; and that his criminal history data in NCIC was in compliance
with DOD policy and would remain in the NCIC.

9.  On 18 April 2004, both ROI 01-CID045-84386--- and MPR 01-MPR045-4508H---
 were referred to the applicant for comment or rebuttal, but he failed to
respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s command appropriately informed the CID of the
applicant's positive urinalysis and comments about drug activity.  The CID
ROI was initiated after the applicant admitted that he had obtained and
used cocaine from another Soldier and that he used it in the barracks.

2.  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
use of cocaine 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.  Likewise, the USACIDC's reporting of the offense to
the NCIC is in accordance with established DOD protocols.

3.  The applicant's desire to obtain employment in law enforcement is
laudable, but it is not justification for expunging his criminal record.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__tdh___  __jea___  __rjw___  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.




            Thomas D. Howard, Jr.
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003091182                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040506                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |134.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |