| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Curtis L. Greenway | Member | ||
| Ms. Mae M. Bullock | Member |
APPLICANT REQUESTS: That his general discharge be upgraded and that he receive a more favorable narrative reason for separation.
APPLICANT STATES: In effect, that his report of separation (DD Form 214) shows a narrative reason for separation of "Misconduct – Abuse of Illegal Drugs" and he would like to have it removed. He goes on to state that it was an unfortunate indiscretion of his youth, which he has never repeated. He continues by stating that he has been employed by the same company for 12 years and has a 10 year old son and he would now like to move into another line of work. However, he believes that his DD Form 214 will hinder his chances of joining a Union. He further states that while his record is not in error, he desires an upgrade of his discharge to allow him to move forward in his life and make more money to take care of his family. In support of his application he submits a letter from his State Senator, who supports his request.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Kansas City, Kansas, on 29 December 1982 for a period of 4 years and training as a light wheeled vehicle and power generator mechanic. At the time of his enlistment he indicated that he had smoked marijuana in the past but he found it to be a bad habit and quit. He did not recommend anyone use it.
He successfully completed his basic combat training at Fort Leonard Wood, Missouri, and his advanced individual training (AIT) at Fort Jackson, South Carolina. Upon completion of his AIT he was transferred to Hawaii on 24 June 1983. He was advanced to the pay grade of E-2 on 1 August 1983.
On 9 August 1983, he tested positive for use of marijuana from a sample provided by him during a unit urinalysis. His punishment for that offense was counseling.
On 1 October 1983, he was advanced to the pay grade of E-3 and on 1 April 1984, he was advanced to the pay grade of E-4.
On 19 December 1984, nonjudicial punishment (Field Grade) was imposed against the applicant for the wrongful use of marijuana on or about 19 September 1984. His punishment consisted of a reduction to the pay grade of E-1 and a forfeiture of pay. He did not appeal his punishment.
On 4 June 1985, the applicant's commander notified him that he was initiating action to recommend his separation from the service under the provisions of Army Regulation 635-200, chapter 14, for misconduct due to his abuse of illegal drugs. He cited as the basis for his recommendation the applicant's two positive urinalysis results during two unit sweeps.
After consulting with counsel, the applicant waived his rights and elected to submit a statement in his own behalf. He asserted in a three-page handwritten statement with the exception of his marijuana use, that he had otherwise been an outstanding soldier. He also stated that he understood that he brought his problems on himself and he was not making any excuses; however, he did understand the consequences a discharge would have on his ability to procure civilian employment and requested that he be given an honorable discharge.
The appropriate authority approved the recommendation for discharge on 26 June 1985 and directed that he be furnished a General Discharge Certificate.
Accordingly, he was discharged under honorable conditions on 18 July 1985, under the provisions of Army regulation 635-200, chapter 14, for misconduct due to abuse of illegal drugs. He had served 2 years, 6 months and 20 days of total active service.
There is no indication in the available records to show that he ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.
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 time drug offense and must be processed for separation after a second offense.
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. The applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.
2. Accordingly, the type of discharge directed and the reasons therefore were appropriate considering all of the available facts of the case.
3. The Board has noted the applicant's contentions and supporting documents; however, they are not sufficiently mitigating to warrant relief when compared to the offenses for which he was discharged. The Board finds that his overall record of service simply does not rise to the level of a fully honorable discharge.
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
__mm___ _clg ____ ___mb___ DENY APPLICATION
| CASE ID | AR2002080667 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/04/17 |
| TYPE OF DISCHARGE | GD |
| DATE OF DISCHARGE | 1985/07/18 |
| DISCHARGE AUTHORITY | AR635-200,CH14 |
| DISCHARGE REASON | MISCINDUCT - DRUGS |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 626 | 144.6000/a60.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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