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.
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