IN THE CASE OF:	  

		BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110009316 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, upgrade of his general discharge to an honorable discharge and change of his narrative reason for separation.

2.  The applicant states he was pressured into reenlisting against his better judgment.  Since his discharge, he has become a better citizen with maturity.  He states that having his discharge upgraded would provide him with better opportunities for himself and his family, such as work, school, and health care.  He states that he made a mistake, but he still loves his country and the military life.  He regrets his mistake and carries a heavy load of guilt and shame.

3.  The applicant provides no additional documentation to support his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to 

timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 7 July 1982 for a period of
3 years.  He completed basic and advanced individual training and he was awarded military occupational specialty 16R (Air Defense Artillery Short Range Gunnery Crewmember).

3.  On 1 February 1983, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for wrongfully possessing marijuana.

4.  On 6 July 1985, he was honorably discharged for the purpose of immediate reenlistment.  During this period of service he completed the Primary Leadership Development Course, he was awarded the Army Service Ribbon and the Army Good Conduct Medal (1st Award), and he attained the rank/grade of sergeant (SGT)/E-5.  He reenlisted on 7 July 1985 for a period of 3 years.

5.  On 3 October 1985, he accepted NJP under Article 15, UCMJ, for testing positive for marijuana on a mandatory unit urinalysis screening.

6.  His record contains a DA Form 4126-R (Bar to Enlistment/Reenlistment Certificate), dated 7 October 1985, that shows he was barred from reenlistment after testing positive for marijuana.

7.  On 9 October 1985, the applicant’s commander initiated elimination action on him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for misconduct - commission of a serious offense.  The reason cited by the commander was the applicant tested positive for illegal drugs.

8.  The applicant was advised by consulting counsel of the basis for the contemplated separation action.  He was also advised of the impact of the discharge action.  He signed a statement indicating that he was advised he was being recommended for discharge under the provisions of Army Regulation
635-200, chapter 14.  The applicant requested counsel, wai