IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004781
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 under honorable conditions discharge be upgraded to an honorable discharge. In addition, the applicant requests that the narrative reason for separation be changed.
2. The applicant states his discharge was based on a one-time isolated incident. All of his military records indicate he was an exemplary Soldier with a bright future; he made a mistake in which his judgment was obscured by alcohol and a celebratory attitude.
3. The applicant further states he has earned a Bachelor of Science (BS) degree along with an Master of Business Administration (MBA) graduate degree. He has worked his way into upper management in his career field. The applicant states he has had no infractions since his discharge. He is currently applying for a Presidential pardon with character statements from former members of his chain of command who all detail the exceptional Soldier he was before and after the incident.
4. The applicant provides no additional documentation to support his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 November 2005. He successfully completed training and he was awarded military occupational specialty 19K (M1 Armor Crewman).
2. On 13 December 2007, the applicant accepted NJP under Article 15, Uniform Code of Military Justice (UCMJ) for wrongfully using cocaine.
3. The applicants commander initiated elimination action on the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 14, for misconduct. The reason cited by the commander was the applicant's wrongful use of cocaine.
4. The applicant was advised by consulting counsel of the basis for the contemplated separation action. The applicant was also advised of the impact of the discharge action. The applicant signed a statement indicating he was advised he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14. He waived his right to a separation board, representation by military counsel, and he elected not to submit a statement in his own behalf.
5. On 2 February 2007, the appropriate authority approved the recommendation and directed the applicant receive a general discharge. On 13 March 2007, he was discharged after completing 1 year, 4 months, and 6 days of total active service with no time lost.
6. The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under the provisions of Army Regulation
635-200, paragraph 14-12c (2), with the narrative reason for separation "Misconduct (Drug Abuse)."
7. The applicant applied to the Army Discharge Review Board (ADRB) to upgrade his discharge. On 1 April 2011, the ADRB reviewed and denied the applicant's request for upgrade. The ADRB determined that the applicant's discharge was proper and equitable and that the reason and characterization of his discharge, was both proper and equitable.
8. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Paragraph 14-12c (2) states that Soldiers are subject to separation for commission of a serious offense and that abuse of illegal drugs is serious misconduct.
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 members service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for upgrade of his discharge was carefully considered and it was determined there is insufficient evidence to support his request.
2. The applicant tested positive for cocaine. Based on the positive test results, his commander initiated separation action under the provisions of Army Regulation 635-200, chapter 14, for misconduct - commission of a serious offense.
3. The applicant's record shows he received one Article 15 for wrongfully using cocaine. As a result, the applicants service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel which are required for the issuance of an honorable discharge.
4. The applicant contends his narrative reason for separation should be changed. He offers his post-service conduct and achievements as evidence as to show his reason for separation is misleading. However, good post-service conduct and achievements alone are not normally sufficient to mitigate his indiscipline in the Army and is not a basis for changing a properly-issued narrative reason for separation.
5. In the absence of evidence to the contrary, it is determined that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.
6. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20120004781
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