BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110019053 


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 general discharge to an honorable discharge and award of the Army Good Conduct Medal (AGCM).

2.  The applicant states he should be awarded the AGCM because he served over 3 years before the date of his first incident that led to his discharge.  He goes on to state that he desires an upgrade of his discharge because he desires to become a police officer.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that you have not exhausted all administrative remedies available to you.  There is no evidence that you have applied to the Army Discharge Review Board (ADRB) for an upgrade of your discharge.  Accordingly, the Board will not consider your request for an upgrade of your discharge until you have exhausted your administrative appeals to that board and therefore the issue of your discharge upgraded will not be further discussed in these record of proceedings.


2.  The applicant enlisted in the Regular Army for a period of 6 years and training as a human intelligence collector.  He completed his basic training at Fort Sill, OK and he was transferred to Fort Huachuca, AZ for his advanced individual training (AIT).  He failed to complete his training and he was transferred back to Fort Sill where he underwent training as a cannon crewman.  He completed his training and was transferred to Fort Drum, NY.  He was advanced to the pay grade of E-4 on 1 January 2010.

3.  On 26 October 2010, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for wrongfully using cocaine.

4.  On 28 January 2011, the applicant’s commander notified him that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), paragraph 14-12c(2) for Misconduct – Drug Abuse.  He cited as the basis for his recommendation the applicant’s use of cocaine and assault of another Soldier.  He also indicated that the unit had no record of favorable communication or recommendations in favor of the applicant.

5.  On 17 February 2011, he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2) for Misconduct – Drug Abuse with a general discharge.  He completed 3 years, 6 months, and 17 days of creditable active service.  The available record is silent as to the applicant's conduct and efficiency during his first 3 years of service.

6.  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.  Paragraph 14-12c(2) states, "Abuse of illegal drugs is serious misconduct.")

7.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  The immediate commander’s decision to award the AGCM will be based on his or her personal 


knowledge and of the individual’s official records for the period of service under previous commanders during the period for which the award is to be made.  However, there is no right or entitlement to the AGCM until the immediate commander has approved the award and the award has been announced in permanent orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows he violated the Army's established drug abuse policy by using illegal drugs, which compromised the trust and confidence placed in him as a Soldier.

2.  He had a duty to support and abide by the Army's drug policies and by abusing illegal drugs, he risked his military career.  As a result, he was discharged by reason of misconduct – drug abuse with a general discharge.

3.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The fact that he desires an upgrade of his discharge so he can become a police officer is noted; however, the ABCMR does not upgrade discharges solely for the purpose of establishing eligibility for other programs or benefits.  As such, his service does not warrant an upgrade of his general discharge to an honorable discharge.

4.  While there is no indication of the applicant's conduct and efficiency during the entire first 3 years of his service, given his record of misconduct, the circumstances surrounding his discharge, and the fact that the commander indicated the unit could offer no favorable communications or recommendations, it must be presumed that the commander did not intend to recommend him for award of the AGCM.

5.  Therefore, in the absence of evidence to the contrary, there appears to be no basis to award him the AGCM.

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)                                         AR20110019053



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019053



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1