IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110013285
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 his under other than honorable conditions discharge to a general discharge.
2. The applicant states the reason for his request is to attempt to once again be a productive citizen and to provide for his family.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 5 May 1982 and he enlisted in the Regular Army on 13 December 2007 at the age of 25. His record shows he previously completed basic combat and advanced individual training and he was awarded military occupational specialty 88N (Traffic Management Coordinator) while a member of the U.S. Army Reserve (USAR). The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3. However, he held the rank/grade of private (PVT)/E-1 at the time of separation.
2. The complete facts and circumstances of his discharge are not available for review with this case. However, his record contains a properly constituted
DD Form 214 that shows he was discharged on 25 October 2010 under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty
Enlisted Administrative Separations), chapter 14, paragraph 14-12c(2) by reason of misconduct (drug abuse), with a characterization of service of under other than honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JKK and a reentry eligibility (RE) code of 4. He completed 2 years, 9 months, and 26 days of creditable active service with 18 days of time lost.
3. On 12 July 2011, the applicant was informed his application to the Army Discharge Review Board for an upgrade of his discharge was denied.
4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service. First time drug offenders in the grade of sergeant and above, and all Soldiers with 3 years or more of total military service, active and reserve, will be processed for separation upon discovery of a drug offense. All Soldiers must be processed for separation after a second offense.
5. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his under other than honorable conditions discharge should be upgraded to a general discharge was carefully considered; however, there is insufficient evidence to support his contention.
2. The applicants record is void of the complete facts and circumstances that led to his discharge. However, his record contains a properly-constituted
DD Form 214 that shows he was discharged on 25 October 2010 under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c(2) by reason of misconduct (drug abuse), with a characterization of service of under other than honorable conditions.
3. Absent evidence to the contrary, it is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. It is also presumed that his discharge was appropriate because the quality of his service was not consistent with the Army standards of acceptable personal conduct and performance of duty by military personnel.
Based on this record of indiscipline, the applicant's misconduct renders his service unsatisfactory. Therefore, the applicant is not entitled to a general under honorable conditions discharge.
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) AR20110013285
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