RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 December 2005
      DOCKET NUMBER:  AR20050005131


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, that his records be corrected to
reflect a discharge that will allow him to retain his enlistment bonus.

2.  The applicant states the Army has him down for a voluntary discharge.
He was discharged because his weight was over the weight standard.  He did
not want to leave the Army.  They made him because of his weight.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 March 2002 for 3
years.  He had enlisted for U. S. Army Station/Unit/Command/Area/Enlistment
Program (Fort Benning, GA) and for a cash bonus ($6,000) in military
occupational specialty (MOS) 92R (Parachute Rigger).  Paragraph 5
(STATEMENT AND CONDITIONS which apply to ALL incentive programs above),
subparagraph 5a(4), of his DA Form 3286-66 (Statement for Enlistment United
States Army Incentive Enlistment Program) stated that if he failed to
complete his term of enlistment and separation or discharge was at the
convenience of the government, he must have completed at least 30 months if
his initial term was     3 or more years.

2.  The applicant completed basic training and advanced individual training
and was awarded MOS 92R10.  He was assigned to Company E, 1st Battalion,
507th Infantry at Fort Benning, GA.

3.  On 5 September 2003, the applicant was counseled for having a positive
urinalysis for a controlled substance.  He was immediately removed from all
parachute rigger duties requiring the handling of live parachutes.

4.  On 24 September 2003, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice for wrongful use of
drugs.  His punishment was a reduction to Private, E-1, a forfeiture of
$575.00 pay for           2 months, 45 days extra duty, and 45 days
restriction.

5.  On 23 October 2003, the applicant's commander initiated separation
proceedings against him under Army Regulation 635-200, paragraph 14-12c for
commission of a serious offense.  He cited the applicant's wrongful use of
marijuana and noted the applicant had been counseled and, through his
subsequent behavior, demonstrated a lack of acceptance of rehabilitative
measures.
6.  On 24 October 2003, the applicant received a mental status evaluation.
The applicant was found to have the mental capacity to understand and
participate in proceedings.  No mental health problem which required
disposition through medical channels was found.  The applicant was cleared
for administration actions deemed appropriate.

7.  On 5 November 2003, the applicant was advised by consulting counsel of
the basis for the contemplated separation action.  He was afforded the
opportunity to submit a statement but declined to do so.

8.  On 21 November 2003, the appropriate commander approved the
recommendation to separate the applicant under the provisions of Army
Regulation 635-200, paragraph 14-12c and directed he receive a general
discharge under honorable conditions.

9.  On 9 December 2003, the applicant was discharged, under the provisions
of Army Regulation 635-200, paragraph 14-12c, for misconduct.  He had
completed 1 year, 8 months, and 28 days of creditable active service and
had no lost time.  He was given a separation code of JKK (involuntary
discharge for misconduct under the provisions of Army Regulation 635-200,
paragraph 14-12c(2)).

10.  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.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed.  Paragraph 14-12c(2) states
Soldiers are subject to separation for commission of a serious offense and
that abuse of illegal drugs is serious misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted on 12 March 2002 for a cash enlistment bonus in
MOS 92R (Parachute Rigger).  His DA Form 3286-66 informed him that if he
failed to complete his 3-year term of enlistment and separation or
discharge was at the convenience of the government, he must have completed
at least 30 months to retain the bonus.

2.  Around August/September 2003, the applicant, while assigned to a
position requiring performance of duties as a parachute rigger, tested
positive for marijuana on a urinalysis test.  He was subsequently
involuntarily discharged for misconduct (not for being overweight).  His
administrative separation was accomplished in compliance with applicable
regulations with no indication of procedural errors which would tend to
jeopardize his rights.

3.  As the applicant had not completed at least 30 months of his 3-year
enlistment, he was not eligible to retain his enlistment bonus.  Given the
circumstances of this case, there appears to be no error or injustice to
consider that would justify granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jch___  __reb___  __jrm___  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.




                                  ___James C. Hise______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005131                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051220                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.00                                  |
|2.                      |110.02                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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