RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        JANUARY 4, 2005
      DOCKET NUMBER:  AR2004105058


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Karen A. Heinz                |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Mr. James B. Gunlicks             |     |Member               |

      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 an
honorable discharge; and that his reentry eligibility (RE) code be changed
from RE-3 to one that will allow him to enlist in the Air Force or the
Navy.

2.  The applicant states he was never afforded the opportunity to question
“misconduct” as the reason for his separation and that it was obviously
assigned to him by the Army.  He states that his request for separation was
based on the recruiter’s promise that he would qualify for an aviation
skills transfer after basic training and that after he completed his
training with an excellent record he was deployed to Germany.  He states
that he believes that the recruiters misrepresented the information to him
and the Army never allowed him the opportunities that he was promised.  He
states that he even requested a transfer to another branch of the military
and that he was denied; therefore, he requested to be discharged.  He
states that the military portrayed his request for discharge as an act of
misconduct and that he desires to have the opportunity to clear this error
from his record and to be able to enlist in the Air Force or the Navy.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  On 12 May 1999, he enlisted in the Army for 4 years in the pay grade of
E-1.  He successfully completed his training as a cavalry scout.  He was
promoted to the pay grade of E-2 on 12 November 1999.

2.  The applicant underwent a mental status evaluation on 5 May 2000 and he
was diagnosed with adult attention deficit hyperactivity disorder and
personality disorder not otherwise specified with antisocial personality
disorder traits.  The attending psychologist’s finding was that the
psychiatric factors indicated that administrative separation under the
provisions of Army Regulation 635-200, chapter 5-13, based on the presence
of a personality disorder would be in the best interest of the individual
concerned and the military.  The psychologist further determined that the
applicant’s condition and problems were not amenable to hospitalization,
treatment, transfer, disciplinary action, training or reclassification to
another type of duty within the military; and that it was unlikely that
efforts to rehabilitate or develop the applicant into a satisfactory member
of the military


would be successful.  The psychologist opined that the applicant was
mentally responsible, able to distinguish right from wrong and to adhere to
the right and had the mental capacity to participate in administrative
board proceedings.  He further opined that the applicant displayed no
motivation to conform his behavior to accepted military standards and that,
if retained in the Army, he was likely to be a further management problem
for the commander.  The applicant was psychiatrically cleared for any
administrative action deemed appropriate by his command.

3.  Nonjudicial punishment (NJP) was imposed against the applicant on 1
June 2000, for four incidents of the wrongful use of a controlled substance
(marijuana). His punishment consisted of a reduction in pay grade, a
forfeiture of pay, restriction and extra duty.

4.  On 13 June 2000, the applicant was notified that he was being
recommended for discharge under the provisions of Army Regulation 635-200,
chapter 14-12b, based on an established pattern of misconduct.  At the time
that he acknowledged receipt of the notification, he waived his right to
consult with counsel and he opted not to submit a statement in his own
behalf.

5.  The appropriate authority approved the recommendation for discharge on
13 June 2000.  Accordingly, on 30 June 2000, the applicant was discharged
under the provisions of Army Regulation 635-200, chapter 14-12b, based on
an established pattern of misconduct.  He had completed 1 year, 1 month and
19 days of total active service; he was assigned an RE-3 code; and he was
furnished a General Discharge Certificate.

6.  On 10 March 2004, the Army Discharge Review Board denied the
applicant’s request for an upgrade of his discharge.

7.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 of the regulation deals with
separation for various types of misconduct, which includes drug abuse, and
provides that individuals identified as drug abusers may be separated prior
to their normal expiration of term of service. Individuals in pay grades E-
5 and above must be processed for separation upon discovery of a drug
offense.  Those in pay grades below E-5 may also be processed after a first
drug offense and must be processed for separation after a second offense.
The issuance of a discharge under other than honorable conditions is
normally considered appropriate.



8.  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.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
codes, including RA RE codes.

9.  Code RE-3 applies to persons not qualified for continued Army service,
but the disqualification is waivable. Certain persons who have received
nonjudicial punishment are so disqualified, as are persons with bars to
reenlistment, and those discharged under the provisions of chapters 9, 10,
13, and 14 of Army Regulation 635-200.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors, which would tend to jeopardize his rights.

2.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

3.  The applicant’s contentions have been noted.  However, there is no
evidence in the available records to substantiate his contention that he
was made any promises by recruiting personnel regarding his skill
qualification.  The evidence of record clearly shows that he was notified
that he was being recommended for discharge as a result of his acts of
misconduct.  He acknowledged receipt of the notification and he opted to
waive his right to consult with counsel.  He indicated that he understood
the effects of a less than fully honorable discharge and that he may expect
to encounter substantial prejudice in civilian life if a general discharge
was issued.  Considering his acts of misconduct, it does not appear that
his general discharge was too severe as his service was not fully
honorable.

4.  Additionally, the applicant was assigned an RE code that appropriately
reflects his reason for discharge.  There appears to be no basis for
changing the RE code that is currently reflected in his record.  The
disqualification upon which the code was based, however, can be waived for
reenlistment purposes.




5.  Although this Board has denied his request for a change of his RE code,
this does not mean that he has been completely denied the opportunity to
reenlist. Recruiting personnel have the responsibility for initially
determining whether an individual meets current enlistment criteria.  They
are required to process a request for waiver under the provisions of
chapter 4, Army Regulation 601-210 (Regular Army and Army Reserve
Enlistment Program).  Therefore, since enlistment criteria does change, and
since he has the right to apply for a waiver, it is suggested that he
periodically visit his local recruiting station to determine if he should
apply for a waiver.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

jbg   ____  rld   _____  kh  _____  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.





                                  _____Karen A. Heinz___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105058                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040104                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |20000630                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |CHAPTER 14/MISCONDUCT                   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  661  |144.6700.0000/PATTERN OF MISCONDUCT     |
|2.  673                 |144.6770.0000/ILLEGAL USE OF DRUGS      |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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