| Mr. Carl W. S. Chun | Director | |
| Ms. Stephanie Thompkins | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. John P. Infate | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That his general discharge, under honorable conditions, be upgraded to honorable and deletion of “Abuse of Illegal Drugs” on his discharge document (DD Form 214).
APPLICANT STATES: That during his service his wife was sick and he had to care for her. He also states that somehow he failed a urinalysis and he was busted for marijuana, which he did not use. After his second positive urinalysis, he finished his time and was discharged. An operations officer advised him at the time of discharge that in 6 months his discharge would be changed to an honorable discharge automatically. He submits a copy of his “Application for Review of Discharge or Dismissal from the Armed Forces of the United States” (DD Form 293), a detailed letter from himself, and copies of statements of support dated 1986 in support of his request.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army as a private, pay grade E1 on 11 July 1983.
He attained the rank of specialist, pay grade E-4, on 1 September 1984.
On 27 February 1985, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for wrongful use of marijuana. His punishment included reduction to pay grade E-3, forfeiture of pay and extra duty.
On 9 May 1986, he was punished under Article 15, Uniform Code of Military Justice (UCMJ), for wrongful use and possession of some amount of marijuana. His punishment included reduction to private, pay grade E-2, forfeiture of pay and extra duty.
On 16 May 1986, his command initiated action to separate him from the service for misconduct, abuse of illegal drugs. On 23 May 1986, his commander recommended he be separated and requested rehabilitation requirements be waived since rehabilitation would not produce the quality soldier desired by the United States Army.
On 19 May 1986, after consulting with legal counsel, the applicant waived his rights to have his case heard by a board of officers. He elected not to submit a statement in his own behalf and acknowledged he understood the possible effect of a general discharge and the results of the issuance of such a discharge. He also acknowledged that he may make application to the Army Discharge Review Board (ADRB) or the Army Board for Correction of Military Records (ABCMR) for an upgrade of his discharge and that an act of consideration by either board does not imply that his discharge will be upgraded.
On 5 June 1986, the appropriate authority approved his request for discharge and directed that a general discharge be furnished.
He was separated on 27 June 1986, under the provisions of Army Regulation 635-200, chapter 14, Abuse of Illegal Drugs. He had a total of 2 years, 11 months and 17 days net active service.
There is no evidence of record that the ADRB received the applicant’s DD Form 293 for review and consideration.
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, and 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. A discharge under other than honorable conditions is normally appropriate for a soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the soldier’s overall record. Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.
Army Regulation 635-200, paragraph 3-7 provides that an honorable discharge is a separation with honor. 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 inappropriate.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In view of the circumstances in this case, the applicant is not entitled to an upgrade of his discharge. He has not shown error, injustice, or inequity for the relief he now requests.
2. The Board has noted his contentions that he did not use marijuana and that his discharge would be upgraded automatically 6 months after his discharge to honorable. However, the applicant’s records show he received two Article 15’s for wrongful use of marijuana for which he received and accepted punishment. He was afforded the opportunity to submit statements in his own behalf, but he declined to do so. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.
3. The Board also notes that the applicant acknowledged at the time of his discharge he understood that he would need to apply to the ADRB or ABCMR for an upgrade of his discharge and that any such consideration by either board would not automatically upgrade his discharge to honorable.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_jpi___ _rks____ _rvo____ DENY APPLICATION
| CASE ID | AR2001062116 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020702 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 144.000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090010209
The applicant requests that his discharge under honorable conditions (general) be upgraded to a fully honorable discharge. Individuals in pay grades E-5 and above must be processed for separation upon discovery of a drug offense. _______ _ _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.
ARMY | BCMR | CY2010 | 20100000287
On 11 March 1986, the applicant was discharged from active duty in pay grade E-1 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct for abuse of illegal drugs. Army Regulation 635-200, paragraph 3-7b, also provided that a general discharge was a separation from the Army under honorable conditions. The board recommended he be separated under the provisions of Army Regulation 635-200, paragraph 14-12c(2), for misconduct for abuse of illegal drugs and issued an...
ARMY | BCMR | CY2013 | 20130017151
He was discharged from active duty on 4 October 1986 under the provisions of Army Regulation 635-200, chapter 9, for alcohol rehabilitation failure with an under honorable conditions (general) characterization of service. There is no indication that he applied to the Army Discharge Review Board (ADRB) to request an upgrade of his characterization of service within that boards 15-year statute of limitations. The evidence of record show the applicant received an LOR of marijuana use, two...
ARMY | BCMR | CY2014 | 20140017679
On 22 January 1986, the applicant's immediate commander notified him of his intent to initiate separation action against him for misconduct pattern of misconduct in accordance with Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 14-12b and/or 14-12c. He acknowledged he: * understood he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him * understood he could be ineligible for...
ARMY | BCMR | CY2008 | 20080019895
On 3 December 1986, the applicants immediate commander notified the applicant of his intent to initiate separation action against her in accordance with paragraph 14-12(c) of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), for misconduct, abuse of illegal drugs. On 3 December 1986, the applicants immediate commander initiated separation action against her in accordance with paragraph 14-12c of Army Regulation 635-200 for misconduct, commission of a serious offense. ...
ARMY | BCMR | CY2009 | 20090019153
The applicant requests that his general discharge be further upgraded to an honorable discharge and restoration of his pay grade of E-2. On 26 March 1987, the appropriate separation authority approved the findings and recommendations of the administrative separation board to discharge the applicant from the service under the provisions of Army Regulation 635-200, chapter 14, for abuse of illegal drugs and directed he be issued an under other than honorable discharge. The applicant was...
ARMY | BCMR | CY2002 | 2002069319C070402
During one of the counseling sessions, the applicant admitted to the first sergeant, in the presence of a witness, that his friends at Fort Bragg had repeatedly used marijuana in his apartment and offered that as the basis for his positive urinalysis. After hearing testimony and reviewing the evidence presented, the board found that the applicant was undesirable for further retention in the military service because of abuse of illegal drugs and recommended that he be discharged under other...
ARMY | BCMR | CY2009 | 20090021192
The applicant contends his under other than honorable conditions discharge should be upgraded based on his prior good conduct and achievements. Based on the positive test results, his commander initiated separation action under the provisions of chapter 14, Army Regulation 635-200, for misconduct. After reviewing the facts, the board of officers found the applicant had used illegal drugs and recommended that he be separated with an under other than honorable conditions discharge in...
ARMY | BCMR | CY2002 | 2002082805C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2006 | 20060002185C070205
This memorandum stated that the applicant committed serious misconduct by wrongfully using marijuana, that this was his second drug related offense, and that he had written dishonored checks. 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 applicant received a general discharge for illegal drug use when most Soldiers who are separated under this provision receive an under other than honorable...