IN THE CASE OF:	  

	BOARD DATE:	  03 July 2008

	DOCKET NUMBER:  AR20080005722 


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 her general discharge be upgraded to an honorable discharge.  She requests that the necessary changes be made so that she can continue her life with better job opportunities.

2.  The applicant states that she has requested a discharge upgrade in the past and that she was sent the same general discharge.  

3.  The applicant provides no additional documentation in support of her 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.  On 21 August 1979, the applicant enlisted in the Regular Army in Jacksonville, Florida, for 4 years, in the pay grade of E-1.  She was assigned a material control and accounting specialist military occupational specialty.

3.  She was promoted to the pay grade of E-2 on 1 November 1979; she was promoted to the pay grade of E-3 on 1 April 1980; she was promoted to the pay grade of E-4 on 4 May 1981; and she was promoted to the pay grade of E-5 on 2 May 1983.

4.  The applicant reenlisted in the Army for 3 years on 4 October 1983 and she extended her period of enlistment for an additional 2 years and 8 months.

5.  Nonjudicial punishment (NJP) was imposed against the applicant on 29 January 1986, for wrongfully using some amount of marijuana, a Schedule 1 controlled substance between 13 October 1985 and on or about 13 November 1985.  Her punishment consisted of a reduction to the pay grade of E-4, a forfeiture of pay in the amount of $250.00 per month for 2 months and 45 days of extra duty.

6.  On 18 April 1986, the applicant was notified that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14-12c for misconduct.  She acknowledged receipt of the notification and, after consulting with counsel, she requested consideration of her case by an administrative separation board; she requested a personal appearance before an administrative separation board; and she indicated that she was submitting statements in her own behalf.

7.  On 2 June 1986, the applicant submitted a second acknowledgment to her discharge notification in which, she waived her right to have her case considered by an administrative separation board; she waived her right to a personal appearance before an administrative separation board; and she waived her right to submit a statement in her own behalf.

8.  The appropriate authority approved the recommendation for discharge on 12 June 1986 and he recommended the issuance of a General Discharge Certificate.

9.  Accordingly, on 23 June 1986, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct, due to drug abuse.  She had completed 6 years 10 months and 3 days of net active service this period and she was furnished a General Discharge Certificate.

10.  A review of the available records fails to show that the applicant ever applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

11.  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 drug offense and must be processed for separation after a second offense.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

12.  Army Regulation 635-200 provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the soldier'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.  Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty for training or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.

2.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3.  The applicant's contentions have been noted; however, the passage of time and her ability to obtain better job opportunities are not sufficient justifications for upgrading her discharge to fully honorable.  The applicant had NJP imposed against her for misconduct, due to drug abuse.  She was reduced in pay grade and she was separated prior to the expiration of her term of service.  She did not meet the standards of acceptable conduct and performance of duty for Army personnel; therefore, she is not entitled to an honorable discharge. 



4.  An honorable discharge is not an entitlement and, in accordance with the applicable regulation, a discharge under other than honorable conditions is normally considered appropriate in similar cases.  However, based on her overall record of service, her service was characterized as under honorable conditions (general) and she has provided no evidence to show that the action taken by the Army in her case was incorrect.

5.  In order to justify correction of a military record the applicant must show 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.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                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)                                         AR20080005722



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ABCMR Record of Proceedings (cont)                                         AR20080005722



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