IN THE CASE OF:	  

		BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110002183 


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 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.

2.  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 service was very good other than this trouble
* the record of misconduct is very embarrassing and limits her opportunities

3.  The applicant provides no additional evidence.

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.  She applicant enlisted in the Regular Army on 9 May 1985 for a period of 4 years.  She completed training and was awarded military occupational specialty (MOS) 75C (personnel management specialist).  She attained the rank of specialist four.

3.  On 1 December 1987, nonjudicial punishment (NJP) was imposed against the applicant for using cocaine.

4.  On 10 December 1987, she was notified of her pending separation under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 
14-12c(2), for misconduct (commission of serious offense).  The unit commander cited her cocaine use.

5.  On 11 December 1987, she consulted with counsel and acknowledged that she might encounter substantial prejudice in civilian life if a general discharge were issued.  She also elected to submit a statement on her own behalf.  In summary, she stated:

* she committed a serious offense for which she is sincerely sorry
* she should be retained in the Army based on her record of performance and achievements during her 2 years and 6 months on active duty
* she would be a great asset to the readiness and productivity of the Army
* she was rewarded with early promotion and awards
* she deserves another chance
* before she got into trouble she had accumulated enough promotion points from her civilian education and military education to possibly meet the cut-off score for promotion to E-5 in her MOS in under 3 years of service
* she knows what she did was wrong and she has learned a gigantic lesson personally and professionally for her mistakes

6.  On 23 December 1987, the separation authority approved the recommendation for discharge and directed the applicant be discharged under honorable conditions (a general discharge).

7.  She was discharged under honorable conditions on 1 February 1988 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (drug abuse).  She completed a total of 2 years, 8 months, and 23 days of creditable active service.

8.  Her DD Form 214 shows the following entries:

* "Chapter 14, Army Regulation 635-200" in item 25 (Separation Authority)
* "JKK" in item 26 (Separation Code)
* "misconduct-drug abuse" in item 28 (Narrative Reason for Separation)

9.  On 13 August 1997, the Army Discharge Review Board (ADRB) denied her request for an honorable discharge.  However, the ADRB determined her reason and authority should be changed from "misconduct-drug abuse" to "misconduct" in item 28 of her DD Form 214.

10.  She was reissued a DD Form 214 on 13 August 1997.  The reissued DD Form 214 shows the following entries:

* "Army Regulation 635-200, paragraph 14-12C(2)" in item 25
* "JKK" in item 26
* "misconduct" in item 28

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense.  The regulation states that abuse of illegal drugs is serious misconduct.  The issuance of a discharge under other than honorable conditions is normally considered appropriate.

12.  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.

13.  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.  This regulation states the reason for discharge based on SPD code JKK is misconduct and the regulatory authority is Army Regulation 635-200, paragraph 14-12c(2).



DISCUSSION AND CONCLUSIONS:

1.  She contends her narrative reason for separation is very embarrassing and hinders her opportunities.  However, discharges are not upgraded for the purpose of enhancing employment opportunities.

2.  She contends she should not be made to suffer her entire life because of a mistake she made over 20 years ago.  However, the passage of time is normally not a basis for upgrading a discharge.

3.  Her record of service included one NJP for using cocaine.  As a result, her record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  There is insufficient evidence to warrant an honorable discharge.

4.  Her administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized her rights.  The type of discharge directed and the reasons were therefore appropriate considering all the facts of the case.

5.  Her narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of her separation.  Therefore, there is no basis for granting the applicant's request to remove her narrative reason for separation from her DD Form 214.

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)                                         AR20110002183



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ABCMR Record of Proceedings (cont)                                         AR20110002183



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