IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090014342
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 removal of the narrative reason for separation from item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he wants the narrative reason for his separation removed for personal psychological reasons and to assist in his upward mobility in the workforce. He concludes by stating he was told he could request that the narrative reason for his separation be removed from his DD Form 214 after a period of time.
3. The applicant provides a copy of his DD Form 214 in support of this 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. The applicant enlisted in the Regular Army on 12 June 1984.
3. On 29 January 1987 the applicant was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
14-12c, with an honorable discharge. The specific reason for the applicant's recommended elimination was for testing positive for the use of cocaine on 1 October 1986 and for the use of marijuana on 17 November 1986.
4. On 30 January 1987 the applicant acknowledged receipt of the proposed action against him and consulted with legal counsel. He was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and the effect of any action taken by him in waiving his rights. Subsequent to receiving this counseling, the applicant completed his election of rights by waiving his right to have his case considered by an administrative separation board and he declined to submit statements in his own behalf.
5. On 6 March 1987 the separation authority approved the separation action and directed that he receive an honorable discharge.
6. On 13 March 1987 the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct drug abuse with an honorable discharge. His DD Form 214 shows that he completed 2 years, 9 months, and 2 days of active military service.
7. Item 25 (Separation Authority) of his DD Form 214 shows the entry "Army Regulation 635-200, paragraph 14-12c."
8. Item 26 (Separation Code) of his DD Form 214 shows the entry "JKK."
9. Item 28 of his DD Form 214 shows the entry "misconduct drug abuse."
10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 14 of this regulation 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, conviction by civil authorities, desertion, or absences 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 considered appropriate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was recommended for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct abuse of illegal drugs.
2. Therefore, there is no justification or reason to change the applicant's narrative reason for separation as his separation was based on misconduct abuse of illegal drugs or to remove the narrative reason from his DD Form 214.
3. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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. Therefore, he is not entitled to relief.
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.
____________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.
ABCMR Record of Proceedings (cont) AR20090014342
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090016990
On 1 March 1988 the applicant was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12c, with an honorable discharge. On 6 April 1988 the separation authority approved the separation action and directed that he receive an honorable discharge. Therefore, his records should not be corrected to show his rank/pay grade as SPC/E-4.
ARMY | BCMR | CY2011 | 20110002183
The applicant requests an upgrade of her general discharge to honorable or amendment of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to delete the narrative reason for separation. The applicant states: * her narrative reason for separation (misconduct) hinders employment possibilities * the incident that led to her discharge happened many years ago and she should not be made to suffer her entire life because of the mistake she made over 20 years ago * her Army...
ARMY | BCMR | CY2007 | 20070000040
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 May 2007 DOCKET NUMBER: AR20070000040 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Member Mr. James R. Hastie Member The Board considered the following evidence: Exhibit A - Application for correction of military records. On 18 March 1987, the applicants commander recommended that he be separated from...
ARMY | BCMR | CY2010 | 20100029989
On 30 December 1987, he was notified by his unit commander that separation action was being initiated against him under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 14-12c, for misconduct abuse of illegal drugs. On 12 January 1988, his company commander recommended that he be discharged with a general, under honorable conditions discharge for a serious offense, misconduct (illegal use of drugs) under the provisions of paragraph 14-12(c), Army Regulation...
ARMY | BCMR | CY2011 | 20110013817
The applicant requests an upgrade of his general discharge to honorable and that his narrative reason for separation be changed or removed. 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 SPD's to be used for these stated reasons. His record of service included one NJP for cocaine use.
ARMY | BCMR | CY2014 | 20140007655
He further acknowledged he could request an upgrade of a discharge which was less than honorable by making application to the Army Discharge Review Board (ADRB) or ABCMR; however, the act by either board did not imply that his discharge would be upgraded. The separation authority could direct a general discharge if such a discharge was merited by the Soldier's overall record. It appears that based on his overall record it was directed he receive a general discharge, as the characterization...
ARMY | BCMR | CY2009 | 20090021755
The applicant requests that the following corrections be made to his DD Form 214 (Certificate of Release or Discharge from Active Duty): a. upgrade his character of service from general to fully honorable. His DD Form 214 shows he completed 1 year, 8 months, and 6 days of creditable active military service. With respect to the narrative reason for separation, his service records show he was discharged under the provisions of paragraph 14-12c of Army Regulation 635-200 due to his misconduct...
ARMY | BCMR | CY2014 | 20140013028
On 20 February 2014, the separation authority approved the applicant's discharge action and directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), with an under other than honorable conditions discharge. (2) item 14, all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. The evidence of record shows the...
ARMY | BCMR | CY2013 | 20130002618
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his narrative reason of separation, "Misconduct Abuse of Illegal Drugs," to "something more accurate." Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, stated that SPD code "JKH" (Misconduct Commission of a Serious Offense) was the proper SPD code for separations under the provisions of Army Regulation 635-200, paragraph 14-12c. As a...
ARMY | BCMR | CY2012 | 20120010249
On 27 January 1989, the separation authority approved the administrative discharge and ordered the applicant discharged under the provisions of paragraph 14-12b of Army Regulation 635-200 by reason of misconduct and directed issuance of a General Discharge Certificate. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged by reason of misconduct for abuse of illegal drugs under the provisions of chapter 14, paragraph 14-12c, Army...