Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20120000941
Original file (20120000941.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  10 July 2012

		DOCKET NUMBER:  AR20120000941 


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 wants his discharge upgraded for employment opportunities
* he wants to become a better role model to his children, a dependable and trustworthy mate to his wife, and a hardworking morally ethical citizen to society

3.  The applicant provides his Army Discharge Review Board (ADRB) proceedings. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 June 2007 for a period of 
6 years.  He completed his training and was awarded military occupational specialty 25B (information technology specialist).

2.  On 22 October 2008, nonjudicial punishment (NJP) was imposed against the applicant for selling military property.

3.  On 6 November 2009, he tested positive for marijuana on a urinalysis.


4.  On 23 November 2009, he was notified of his pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph
14-12c, for misconduct (abuse of illegal drugs).  The unit commander cited his testing positive for marijuana and receiving numerous other counseling for misconduct that was prejudicial to good order and military discipline as the basis for this action.

5.  On 24 November 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.  

6.  On 25 November 2009, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge.

7.  He was discharged under honorable conditions on 8 December 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 11 days of creditable active service.  

8.  On 22 December 2011, the ADRB 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.

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.  He had an opportunity to submit a statement in which he could have voiced his concerns, but he failed to do so.

3.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

4.  His record of service included one NJP for selling military property and a positive urinalysis for marijuana.  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)                                         AR20120000941





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120000941



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140000917

    Original file (20140000917.txt) Auto-classification: Denied

    On 20 January 1995, the separation authority approved the discharge action under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12c(2) and directed the applicant be discharged and issued a General Discharge Certificate. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 14-12c(2), by reason of "Misconduct" with a characterization of service of general under honorable conditions. Army Regulation 635-200 sets forth the...

  • ARMY | DRB | CY2013 | AR20130001987

    Original file (AR20130001987.txt) Auto-classification: Denied

    The evidence contained in the applicant’s service record indicates that on 16 October 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct-abuse of illegal drugs, for wrongfully using marijuana (090603-090702); and he had two previous incidents of wrongfully using marijuana (090124-090223) and (090104-090203). On 27 October 2009, the separation authority waived further...

  • ARMY | DRB | CY2013 | AR20130000507

    Original file (AR20130000507.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 3 May 2013 CASE NUMBER: AR20130000507 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. The evidence contained in the applicant’s service...

  • ARMY | DRB | CY2013 | AR20130008851

    Original file (AR20130008851.txt) Auto-classification: Denied

    IN THE CASE OF: Mr. BOARD DATE: 13 November 2013 CASE NUMBER: AR20130008851 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. The evidence contained in the applicant’s...

  • ARMY | DRB | CY2009 | AR20090007594

    Original file (AR20090007594.txt) Auto-classification: Denied

    Facts and Circumstances: The evidence of record shows that on 4 August 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 12c, AR 635-200, for commission of serious offense in that he tested positive for marijuana on two different occasions, went AWOL on three different occasions, and failed to report to duty on three different occasions with an under other than honorable conditions discharge. On 18 August 2008,...

  • ARMY | DRB | CY2013 | AR20130009504

    Original file (AR20130009504.txt) Auto-classification: Denied

    The evidence shows that on 27 May 2010, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for commission of a serious offense, specifically for testing positive for marijuana on a unit urinalysis conducted on 22 March 2010, and 3 May 2010. The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge. The...

  • ARMY | DRB | CY2010 | AR20100021656

    Original file (AR20100021656.txt) Auto-classification: Denied

    Applicant Name: ????? Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant request that his reentry eligibility (RE) code be changed from a 4 to a 3. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD...

  • ARMY | DRB | CY2013 | AR20130004772

    Original file (AR20130004772.txt) Auto-classification: Denied

    The evidence shows that on 14 May 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for commission of a serious offense, abuse of illegal drugs, specifically for: a. receiving a Summary Court-Martial for testing positive for cocaine (090109). On 28 May 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of...

  • ARMY | DRB | CY2013 | AR20130004774

    Original file (AR20130004774.txt) Auto-classification: Denied

    The evidence shows that on 16 December 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct-abuse of illegal drugs, specifically for twice testing positive for marijuana (080908 and 081007). On 23 January 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. The...

  • ARMY | DRB | CY2013 | AR20130012900

    Original file (AR20130012900.txt) Auto-classification: Denied

    Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. The evidence shows that on 19 November 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, for commission of a serious offense, abuse of illegal drugs, specifically for wrongfully using marijuana (120430-120530). Army policy...