IN THE CASE OF:
BOARD DATE: 10 MARCH 2009
DOCKET NUMBER: AR20080019897
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, in effect, that items 25 (Separation Authority) and
28 (Narrative Reason for Separation) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.
2. The applicant states, in effect, that at the time of his youth, ignorance of the consequences, and trying to blend in with others led him to become unfocused and he lost sight of the bigger picture (his commitment to his family, the military and his current career, his career for the future, and things to come). He indicates that in the past 23 years he has been an active participant in his church, community, and his work environment. He also states that as a youth you never truly understand or comprehend that the mistakes that are made can continue to haunt a person in the present.
3. The applicant provides no documentary evidence in support of his 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was born on 3 August 1957. He enlisted in the Regular Army on 26 April 1977 for a period of 3 years. He successfully completed One Station Unit Training in military occupational specialty (MOS) 13B (cannon crewman). He subsequently reenlisted on 17 September 1981 for training in and was awarded MOS 26Q (tactical satellite/microwave systems operator). The highest rank/grade he held during his tenure of service was specialist five, (SP5)/E-5.
3. On 13 December 1984, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, for misconduct - drug abuse. A board of officers convened on 14 February 1985 and found that the applicant had used illegal drugs and recommended that he be separated from the service and issued an honorable discharge. On 22 April 1985, the separation authority approved the findings and recommendation of the board.
4. Accordingly, the applicant was discharged on 13 May 1985 with an honorable discharge under the provisions of Army Regulation 635-200, chapter 14-12c, for misconduct (drug abuse). He had served a total of 8 years and 18 days of creditable active service.
5. Item 25 on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, CHAP [chapter] 14-12C. Item 26 (Separation Code) on his DD Form 214 shows the entry, "JKK." Item 28 on his DD Form 214 shows the entry, "MISCONDUCT DRUG ABUSE.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. Section III of Chapter 14, in effect at the time, established policy and prescribes procedures for separating members for misconduct. Specific categories included minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense. The regulation states, in pertinent part, that abuse of illegal drugs is serious misconduct. It also states, in pertinent part, that first-time drug offenders, Soldiers in grades E-5 to E-9, will be processed for separation upon discovery of a drug offense. The issuance of a discharge under other than honorable conditions is normally considered appropriate.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons. The regulation states the reason for discharge based on separation code JKK is Misconduct Drug Abuse."
DISCUSSION AND CONCLUSIONS:
1. Age is not a sufficiently mitigating factor. The applicant was almost 20 years old when he enlisted and he successfully completed One Station Unit Training and a second advanced individual training course. In addition, he completed over 7 years of service prior to his drug offense.
2. The applicants contention pertaining to good post-service conduct was noted. However, his separation authority and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of his separation.
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) AR20080019897
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