IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110013817
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 his general discharge to honorable and that his narrative reason for separation be changed or removed.
2. The applicant states:
* He wants to reenlist
* He regrets his actions
* His discharge hinders his employment opportunities
3. The applicant provides no documentary evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 6 March 2007 for a period of 6 years. He completed training and was awarded military occupational specialty 13F (fire support specialist). He attained the rank of specialist.
2. On 18 June 2009, nonjudicial punishment (NJP) was imposed against the applicant for using cocaine.
3. On 13 July 2009, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph
14-12c, for misconduct (commission of a serious offense). The unit commander cited his cocaine use as the basis for this action.
4. On 14 July 2009, he consulted with counsel and acknowledged that he might encounter substantial prejudice in civilian life if he was issued a general discharge. He also elected not to submit a statement on his own behalf.
5. On 3 August 2009, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.
6. He was discharged under honorable conditions on 10 August 2009 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (abuse of illegal drugs). He completed a total of 2 years, 5 months, and 5 days of creditable active service.
7. Item 25 (Separation Authority) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the entry "AR [Army Regulation] 635-200, PARA [paragraph] 14-12C(2)." 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)."
8. On 29 March 2011, the Army Discharge Review Board denied his request for an honorable discharge.
9. 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.
10. 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.
11. 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. The 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. The applicant contends his general discharge hinders his employment opportunities. However, discharges are not upgraded for the purpose of enhancing employment opportunities.
2. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.
3. His record of service included one NJP for cocaine use. As a result, his 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. His narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of discharge. Therefore, there is no basis for granting the applicant's request to change or remove his narrative reason for separation from his 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 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) AR20110013817
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ABCMR Record of Proceedings (cont) AR20110013817
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