IN THE CASE OF: BOARD DATE: 3 March 2015 DOCKET NUMBER: AR20140012922 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 that his general, under honorable conditions discharge be upgraded to an honorable discharge. 2. The applicant states he would like to use the GI Bill in order to attend college and become a marine technician. 3. The applicant provides no additional evidence. 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 12 February 1987. 3. He accepted nonjudicial punishment (NJP) on 26 September 1988 for wrongful use of cocaine and marijuana and on 9 January 1991 for wrongful possession and distribution of cocaine. 4. On 26 February 1991, the applicant's immediate commander informed him of his intent to separate him from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, for commission of a serious offense, with a general discharge. The commander cited the applicant's field grade Article 15 for the possession and distribution of cocaine as the reason for the proposed separation action. He was also advised of his right to: * consult with legal counsel * submit statements in his own behalf * waive his rights in writing 5. On 26 February 1991, he consulted with legal counsel and he was advised of the basis for the contemplated separation action for commission of a serious offense. He elected not to submit a statement in his own behalf. He acknowledged he understood he may expect to encounter substantial prejudice in civilian life if a general, under honorable conditions discharge was issued to him. He also acknowledged he understood that if he received a character of service of less than honorable, he may apply to the Army Discharge Review Board (ADRB) or this Board for an upgrade of his discharge; however, he realized that an act of consideration by either board did not imply his discharge would be upgraded. 6. On 27 February 1991, the appropriate separation authority approved the recommendation for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, and directed the issuance of a General Discharge Certificate. On 14 March 1991, he was discharged accordingly. 7. There is no evidence that indicates he applied to the ADRB for an upgrade of his discharge. 8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 14 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 was normally considered appropriate. b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member'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. DISCUSSION AND CONCLUSIONS: 1. The applicant requests his general discharge be upgraded to an honorable discharge in order to utilize the GI Bill; however, the ABCMR does not upgrade discharges for the sole purpose of enabling an individual to obtain veteran's benefits. 2. His record shows he accepted NJP for wrongful use of cocaine and marijuana and for wrongful possession and distribution of cocaine, which are clearly serious offenses. 3. The evidence confirms his separation processing for misconduct was accomplished in accordance with the applicable regulations. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. 4. By violating the Army's policy not to possess or use illegal drugs, he compromised the special trust and confidence placed in him as a Soldier and he knowingly risked his military career. This misconduct clearly diminished the quality of his service below that meriting a fully honorable discharge. 5. The applicant has failed to provide evidence demonstrating that the command's actions and/or the characterization of his service were in error or unjust. 6. In view of the foregoing, there is no basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x___ ____x_____ 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. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140012922 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140012922 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1