IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100014684
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, change of his narrative reason for separation on his DD form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states:
* He was never given the opportunity to enter a rehabilitation program
* This was his first time
* His urine tests are always clean
* He never smoked or used after that one time
* He has held jobs that require urine testing
* He is trying to clear this up so he may move up the ladder
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 enlisted in the Regular Army on 12 April 1988 and he trained as a petroleum supply specialist.
3. On 13 June 1990, nonjudicial punishment (NJP) was imposed against the applicant under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for failing to repair, disobeying a lawful order, and disobeying a lawful regulation.
4. On 6 September 1990, NJP under the provisions of Article 15, UCMJ was imposed against the applicant for using marijuana and being absent without leave (AWOL).
5. On 19 September 1990, he was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14, paragraph 14-12b, for a misconduct - pattern of misconduct. The unit commander cited the applicant's NJPs.
6. On 25 September 1990, the applicant consulted with counsel. On 3 October 1990, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.
7. Accordingly, on 5 October 1990, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 14-12b, for misconduct with a general discharge. He had served a total of 2 years, 5 months, and 12 days of creditable active service.
8. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "PARA [paragraph] 14-12B "AR [Army Regulation] 635-200." Item 26 (Separation Code) of his DD Form 214 shows the entry "JKK." Item 28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "MISCONDUCT - DRUG ABUSE.
9. 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. The issuance of a discharge under other than honorable conditions is normally considered appropriate.
10. 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, in effect at the time, stated the reason for discharge based on separation code JKK is Misconduct - Drug abuse and the regulatory authority is Army Regulation 635-200, paragraphs 14-12a, b, or c.
DISCUSSION AND CONCLUSIONS:
1. The Board does not change a narrative reason for separation for the sole purpose of enhancing employment opportunities.
2. The narrative reason for separation used in the applicant's case is correct and was applied in accordance with the applicable regulations. Therefore, there is no basis for granting the applicant's request to change his narrative reason for 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.
___________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) AR20100014684
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ABCMR Record of Proceedings (cont) AR20100014684
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