IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110017438
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 his general discharge be upgraded to honorable.
2. The applicant states:
* He feels his current discharge was unfair and unjust
* The discharge hinders his future careers and job opportunities
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Letter of recommendation
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 30 December 2004 for a period of 3 years and 16 weeks. He completed his training and was awarded military occupational specialty 13B (cannon crewmember). He was promoted to sergeant effective 1 April 2007.
2. On 30 December 2007, nonjudicial punishment (NJP) was imposed against the applicant for possessing and using Deca Durabolin (steroids), a scheduled III controlled substance, in Iraq.
3. On 3 April 2008, 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 drug use as the basis for this action.
4. On 3 April 2008, he declined the opportunity to consult with counsel and he elected to submit a statement on his own behalf. In summary, he stated:
* He wants to be retained in the Army
* He mistakenly took steroids during his deployment
* The reason, although unjustifiable, was that he felt taking them would help out not only him but the unit as a whole to contribute more to the mission
* He now realizes the severity of his actions and the detrimental aspect he put upon his unit's readiness
* He did not take them for recreational purposes
* He regrets his decision
* He was incorrect in his misinformed assumption
* He would like to be allowed to serve the rest of his contract obligation at the least
5. On 28 April 2008, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.
6. He was discharged under honorable conditions on 16 May 2008 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct (commission of a serious offense). He completed a total of 3 years, 4 months, and 17 days of creditable active service.
7. On 12 July 2010, the Army Discharge Review Board denied his request for an honorable discharge.
8. 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.
9. 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. 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 steroid use while serving in Iraq. He was a sergeant. 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.
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) AR20110017438
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ABCMR Record of Proceedings (cont) AR20110017438
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