IN THE CASE OF:
BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016256
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:
* upgrade of the character of his discharge to honorable
* change in the reason for discharge to "convenience of the government"
* applicable changes to reenlistment [reentry eligibility] and separation codes
2. He essentially states:
* he was on permanent change of station (PCS) orders
* he was waiting for clearance to enter the Personnel Reliability Program
* his misconception and immaturity resulted in his decision to smoke marijuana
* he mistakenly thought positive urinalysis results would not be reported to his new duty station
* his PCS orders were revoked
* he elected to leave the Army versus remaining in his current unit
* it was unclear why he was not offered rehabilitative counseling or therapy
* he was young and immature at the time of his infraction
* he apologizes to the Army
3. He provides:
* DD Form 214 (Certificate of Release or Discharge for Active Duty)
* a self-authored statement
* two character reference letters
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 16 June 1964 and enlisted in the Regular Army on 27 February 1984 at 19 years, 8 months, and 12 days of age.
2. He received nonjudicial punishment under Article 15, Uniform Code of Military Justice on 5 November 1985 for wrongful use of marijuana between 4 August 1985 and 4 September 1985.
3. On 27 November 1985, he 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, for misconduct abuse of illegal drugs.
4. On 27 November 1985, he 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 submitted a statement in his own behalf.
5. On 9 and 12 December 1985, his company and battalion commanders recommended approval of his discharge, respectively.
6. On 17 December 1985, the appropriate separation authority approved the discharge and directed that he receive a General Discharge Certificate.
7. On 24 December 1985, he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct drug abuse. The DD Form 214 he was issued contains the following entries:
* item 12c (Net Active Service this Period) 1 year, 9 months, and 28 days
* item 23 (Type of Separation) discharge
* item 24 (Character of Service ) under honorable conditions (general)
* item 26 (Separation Code) JKK
* item 27 (Reenlistment Code) RE-3
* item 28 (Narrative Reason for Separation) misconduct drug abuse
8. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
9. He provided two character reference letters which state he has shown a desire to improve, is dependable, and is an example for others to emulate.
10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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.
11. 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 member'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.
DISCUSSION AND CONCLUSIONS:
1. Records show that the applicant was 21 years and 7 months of age at the time of his offense. There is no evidence that indicates he was any less mature than other Soldiers of the same age who successfully completed military service.
2. The evidence of record shows he was recommended for separation under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct drug abuse.
3. Therefore, there is no justification or reason to change his character of service, narrative reason for separation, reenlistment code, or separation code as his separation was based on misconduct drug abuse.
4. His post-service conduct is noteworthy; however, the ABCMR does not upgrade discharges based on the passage of time and post-service conduct alone.
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 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) AR20100016256
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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