IN THE CASE OF:
BOARD DATE: 13 JANUARY 2009
DOCKET NUMBER: AR20080017479
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 discharge be upgraded to a fully honorable discharge.
2. The applicant states, in effect, that his discharge has served its purpose because he understands the seriousness of the mistake he made in 2005. He goes on to state that since his discharge he has completed school, graduating at the top of his class; however, he is experiencing difficulty finding employment in his field of training due to his discharge. He also states that he is now married and his wife is expecting a child in January 2009 and he prays that the Board will find it in its heart to upgrade his discharge.
3. The applicant provides a two-page letter explaining his application, a copy of his DD Form 214, a copy of his college transcript, and a copy of his diploma.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 30 July 2003 for a period of 3 years under the airborne enlistment option for training as a wheel vehicle repairer and a cash enlistment bonus. He successfully completed his training and was assigned to Fort Bragg, North Carolina, for his first and only duty assignment. He was advanced to the pay grade of E-3 on 1 April 2004.
2. On 24 January 2005, he was convicted pursuant to his pleas by a summary court-martial of the wrongful use of cocaine and underage drinking. He was sentenced to confinement for 30 days, a forfeiture of pay, and reduction to the pay grade of E-1.
3. On 15 April 2005, the applicant's commander initiated action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c(2), for misconduct - commission of a serious offense (drug abuse).
4. After consulting with counsel, the applicant waived his rights and declined the opportunity to submit a statement in his own behalf.
5. On 10 May 2005, the appropriate authority waived further rehabilitative attempts and approved the recommendation for discharge. He directed that the applicant be discharged under honorable conditions.
6. Accordingly, the applicant was discharged under honorable conditions on 10 June 2005 under the provisions of Army Regulation 635-200,
paragraph 14-12c(2), for misconduct. He had served 1 year, 10 months, and 11 days of total active service.
7. The applicant applied to the Army Discharge Review Board (ADRB) on 27 April 2007 for an upgrade of his discharge. On 18 April 2008, the ADRB determined that the applicant's discharge was both proper and equitable under the circumstances and voted to deny his request for an upgrade of his discharge.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and procedures for separating personnel for misconduct. Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, commission of a serious offense, and drug abuse. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
9. Army Regulation 635-200, 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 members service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.
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 his rights.
2. Accordingly, his discharge appropriately characterizes his otherwise undistinguished record of service during the period in question.
3. While the applicant is to be commended for his post-service accomplishments, they have no bearing on the period of service in the Regular Army that is now in question or the misconduct which served as the basis for his general 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.
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.
________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) AR20080017479
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ABCMR Record of Proceedings (cont) AR20080017479
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